Two recent Ontario decisions demonstrate the importance of
investigating potential limitation period issues early and taking
action from the outset. In Stechyshyn v. Domljanovic, 2015 ONCA
889, the plaintiff obtained the driver's licence number,
insurance information and license plate of other driver on the date
of the accident (June 8, 2006) and provided this information to
police. Plaintiff counsel was retained on June 6, 2008 and issued a
claim on June 20, 2008 naming John Doe as the defendant driver. On
January 5, 2010, plaintiff counsel requested a copy of the police
report. Over 18 months later, on July 22, 2011, plaintiff counsel
was provided with a copy of the police file which the
plaintiff's insurer had obtained on a motion. This file
identified the defendant driver and a motion was brought seeking to
substitute the driver for John Doe. This motion was not
opposed.
