GENERAL PRINCIPLES - Legislation - Transitional provisions - Time

Law360 Canada ( March 29, 2021, 9:19 AM EDT) -- Appeal by the defendants from a judgment setting aside a grant of leave to file third-party proceedings in a motor vehicle accident claim. In 2014, the plaintiff filed a notice of civil claim seeking damages for injuries suffered in an automobile accident. The named defendants included the driver and the owner of the vehicle, a rental car company. The claim named the driver’s employer as a John Doe defendant. In 2015, the defendants became aware of the corporate identity of the driver’s employer. In 2018, the defendants applied for leave to file third-party notices claiming contribution and indemnity from the defendant driver’s employer. A master granted the order. On appeal, the chambers judge set aside the master’s order on the basis that the proposed claims were time-barred under the two-year limitation period under the 2012 Limitation Act. The defendants appealed....
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