The Limitation Period Does Not Toll

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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