This action arises from a slip and fall on a municipal sidewalk in front of the post office in Huntsville. The plaintiff sued Canada Post for damages. Canada Post initiated third party claims against two parties, and two additional parties were added by fourth party claims.
Following discoveries, the plaintiff moved for leave to amend his statement of claim to include the third and fourth parties as defendants. One of the third parties and one of the fourth parties opposed the motion on the basis that any direct claims the plaintiff may have against them were statute -barred by the provisions of the Limitations Act. Justice Boswell held that the claims were statute-barred by the Limitation Act, and dismissed the plaintiff’s motion. Justice Boswell found that the plaintiff was aware within about two weeks of the fall, of the circumstances potentially implicating the subject third and fourth party, and that a reasonable person in the circumstances would have advised his lawyer of the circumstances approximately seven months sooner than the plaintiff actually did. In obiter, Justice Boswell accepted that the effect of O. Reg. 73/20 was to extend any limitation period running as of March 16, 2020, by 183 days.