The plaintiff brought a motion to add their own insurer as a defendant and to extend the time for serving the statement of claim on the defendant vehicle owner, along with a request for substituted service.
The court found the plaintiff's counsel had been highly dilatory in pursuing the claim.
The court allowed the addition of the insurer as a defendant, noting a triable issue regarding discoverability, but preserved the insurer's right to plead a limitation defence.
However, the court dismissed the motions to extend time for service and for substituted service against the vehicle owner, finding the plaintiff failed to provide evidence rebutting the presumption of prejudice arising from the expired limitation period and failed to make sufficient efforts at personal service.