Rooplal v. Fodor, 2018 ONSC 4985

The Plaintiff brought a motion to add TTC Insurance Company Limited (“TTCICL”) as a Defendant in order to assert a claim for unidentified motorist coverage. At issue was whether the Plaintiff’s claim against TTCICL was statute barred pursuant to the Limitations Act. Justice Chiappetta concluded that the limitation period would begin the day after the Plaintiff made an indemnification claim which TTCICL failed to satisfy. Since the Plaintiff brought the motion to add TTCICL as a Defendant before making a claim that TTCICL failed to satisfy, the court held that the limitation period had not expired.