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.
Blair Nitchke, Senior Partner at Black Sutherland LLP