A recent example shows that the new summary judgment rule may be used in cases where plaintiffs claim they did not discover they had a claim within the limitation period.
In Yelda v. Vu, [2014] ONSC 2168 (C.A.), the plaintiff was injured in a motor vehicle accident in 2002. She did not commence an action until 2011. She alleged that she did not discover her injuries met the threshold for a claim until she had an x-ray of her back in 2009. A motions judge disagreed, and granted summary judgment dismissing the action. The plaintiff appealed.
The Court of Appeal dismissed the appeal. The plaintiff's own evidence was that she had "really bad" back pain "half the time" each month following the accident. She was never really pain free at any time, and at all times she attributed the pain to the accident. Apart from occasional visits to hospital emergency departments, the plaintiff took no active steps to investigate the back pain from 2002 to 2009. The motions judge held that it was implausible that a reasonable person would consistently take over the counter medication, have "really bad" pain, be unable to function a couple of days each month, and would find pain so bad as to need to attend the emergency department, yet fail to do anything to investigate the cause. The Court of Appeal held there was no error in the motion judge's finding.
Wednesday, 14 May 2014
Court of Appeal Rejects Discoverability Argument
Artikel Terkait Court of Appeal Rejects Discoverability Argument :
Limitation Periods in Insurance ContractsCan a one year limitation period in an insurance contract override the two year limitation period? The Ontario Court of Appe ...
Motion to Add Party Must be Served but not Heard Before Limitation Period ExpiresWhen a plaintiff seeks to add a party defendant, must the motion be heard prior to the expiry of the limitation period?According ...
Limitation to Add Defendants ExpiredIssues relating to discoverability can be decided on a motion to amend a claim.In Garic v. Mack Trucks Canada 2014 ONSC 3103 (S.C ...
The Limitation Period in False Arrest/Imprisonment CasesA recent decision looks at when the limitation period begins to run in a false arrest/false imprisonment case, as well as the imp ...
Limitations periods for claims of negligent supervision allowing sexual assaults to occur Choc v. Hudbay Minerals Inc., [2013] O.J. No. 3375 (S.C.J.) is a case that may be of interest to institutional defendants of se ...
Subscribe to:
Post Comments (Atom)
0 comments:
Post a Comment