The moving defendants sought summary judgment dismissing claims arising from a motor vehicle accident on the basis that the action was commenced outside the two‑year limitation period under the Limitations Act, 2002.
The responding parties argued the claim was not discoverable until medical evidence confirmed that the injuries from the second accident met the statutory threshold and exceeded the deductible under the Insurance Act.
The court held that determining discoverability required a global assessment of injuries from two separate accidents and an apportionment of damages between them to determine whether the deductible for the second accident was exceeded.
These factual determinations required credibility assessments and expert evidence that could not be fairly resolved on a summary judgment motion.
The motion was therefore dismissed and the matter left for determination at trial.
