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Discoverability and Due Diligence Require more than an Expert Report to Extend the Limitation Period

September 11, 2017

Arcari v Dawson2016 ONCA 715 – This is an appeal from an Order of Sloan J dismissing the Plaintiff’s motion to add defendants after the limitation period had expired.  The appeal was dismissed.

The Plaintiff was injured when she was struck by a vehicle while crossing the street in 2009.  In 2010 she sued the driver of the vehicle.  The plaintiff changed counsel after the expiry of the limitation period and moved to add the City of Kitchener and the Regional Municipality of Waterloo as defendants.

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