In Pereira v Contardo 2014 ONSC 6894, the plaintiff commenced an action in March 2013, almost four and a half years after he was injured in a MVA. Belobaba J dismissed the defendant’s motion for summary judgment to dismiss the action as statute barred. The Divisional Court agreed with Belobaba J. Writing for the Divisional Court, Perell J determined that the two-year limitation period started after the plaintiff obtained an expert report diagnosing him with a permanent, chronic pain condition in October 2012. It was at this time that the plaintiff discovered that he met the threshold of a permanent serious impairment.
Application of Discoverability Principle Extends Limitation Period in a MVA Action by Several Years
April 2015
Kelly Santini LLP, Ontario
