No evidence of inquiries and investigation made to ascertain all liable parties

Ontario civil | Civil Procedure

PLEADINGS

No evidence of inquiries and investigation made to ascertain all liable parties

Motion by plaintiffs to amend statement of claim to add proposed defendant and to amend location in which slip and fall occurred. While making delivery for his employer, plaintiff slipped on some ice and fell while exiting his truck, fracturing his left shoulder in three places and sustaining soft tissue injuries to his neck and his left arm. Motion dismissed. Plaintiffs failed to provide explanation for their failure to identify owner of property where they alleged slip and fall occurred, nor any indication of efforts made to determine ownership of property. Plaintiff failed to meet burden of proof imposed by s. 5(2) of Limitations Act, 2002 (Ont.). There was no evidence about inquiries and investigation, if any, that were made to ascertain all potential liable parties. No special circumstances existed justifying extension of limitation period.

Wirring v. Buffalo Group Developments Ltd. (Mar. 9, 2012, Ont. S.C.J., Cavarzan J., File No. 09-16427) 213 A.C.W.S. (3d) 53 (12 pp.).

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