The plaintiffs in this motor vehicle accident case moved to amend the statement of claim to add parties after the presumptive two year limitation period had passed. Specifically, the plaintiff sought to add the owners/occupiers of a property adjacent to the accident location, alleging that foliage and signage blocked the view of motorists at the intersection. The proposed defendants opposed the motion, alleging that the plaintiffs ought to have discovered their claims against them within the presumptive limitation period. Justice Chown held in favour of the plaintiffs, allowed the amendment, and granted the new defendants leave to plead limitations defences. Justice Chown found that there were significant factual issues as to whether the plaintiffs could have or ought to have discovered the proposed defendants’ involvement, and that the surrounding issues of credibility and fact warranted a trial or summary judgment motion.
