The defendants moved for summary judgment dismissing a motor vehicle personal injury action as statute-barred under the Limitations Act, 2002 after the statement of claim was issued 63 days after the two‑year anniversary of the accident.
The plaintiff argued that the claim was not discovered until later medical reports established that her injuries potentially met the serious impairment threshold under s. 267.5(5) of the Insurance Act.
The court held that the discoverability analysis requires knowledge that there is sufficient evidence to establish the statutory threshold, not merely a belief that a claim exists.
Given conflicting evidence about when sufficient medical evidence became available to support the threshold requirement, a genuine issue for trial existed regarding when the limitation period began to run.
The defendants’ summary judgment motion was dismissed and the plaintiff’s cross‑motion to amend the statement of claim to plead discoverability was granted.
