The defendant winter maintenance contractor moved to dismiss the plaintiff’s action on the basis of a limitations defence. The plaintiff slipped and fell in a parking lot at a No Frills. She sued the property owner within the 2 year limitation period, but issued the action against the winter maintenance contractor 2 years and 9 months after the incident. Justice Centa granted summary judgment and dismissed the plaintiff’s action against the winter maintenance contractor. Justice Centa was critical of the plaintiff for failing to provide her own evidence, and instead submitting an affidavit from a law clerk at her lawyer’s firm. Justice Centa also reasoned that a person in the plaintiff’s position ought to have learned of the winter maintenance contractor’s existence and identity within 6 months of the incident. The failure by the plaintiff and her counsel to take reasonable steps to learn of the contractor until after the 2 year limitation period had expired did not toll the limitation period.
