The plaintiff, his wife, and their three children were injured in a motor vehicle accident. They all commenced litigation. The plaintiff was driving at the time of the accident, so he had different counsel than his wife and children. The plaintiff initially claimed for only his own injuries/damages. The wife and children claimed for their own injuries and also for damages pursuant to the Family Law Act (FLA). Four years after the accident, the plaintiff brought a motion to amend his claim to include FLA damages. Master Wiebe granted the motion and allowed the amendment. On the defendant’s appeal to a judge of the Superior Court, Justice Cavanagh allowed the appeal and dismissed the underlying motion to amend. Justice Cavanagh’s decision was upheld by the Ontario Court of Appeal. Justice Paciocco, writing for the Court, reasoned that the FLA claim was not merely a claim for additional damages arising from the existing negligence claim and that it was advanced more than two years after the expiry of the applicable limitation period.
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