Black Sutherland is pleased with another Summary Judgment success; this time, on a limitation period issue.
The Honourable Mr. Justice H.K. O’Connell ruled that where the claims of an injured party were discoverable within the two-year limitation period, a claim brought outside that time frame is statue-barred.
In essence, the limitation period does not toll.
In obiter, it was accepted that a Plaintiff’s personal opinion about the seriousness of their injuries, plays a role in the enquiry about whether a Plaintiff or their lawyer had a body of evidence capable of establishing that their injuries could constitute a serious and permanent impairment.
Sanei v. Debarros, 2022 ONSC 6758
Blair Nitchke, Senior Partner at Black Sutherland LLP
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