Case Study: Amanda Ali v. City of Toronto
In Ali v. City of
Toronto,1 Master M.P. McGraw ruled on
plaintiff's motion for leave to amend their statement of claim
to add a party as a defendant to the action. Master McGraw denied
this motion on the basis that the winter maintenance contractor the
plaintiff wished to add was immediately discoverable and as such it
was beyond the limitation period to add the party.
Facts
The plaintiff in this matter was a woman who suffered a slip and
fall accident due to ice on a city sidewalk resulting in a
fractured ankle. The incident occurred on February 15, 2017. She
commenced an action against the City of Toronto (“the
City”), issuing a statement of claim on October 27, 2017. The
City delivered a notice of intent to defend on the plaintiff on
February 20, 2018, and its defence on October 19, 2018. On July 24,
2019, the City then advised the plaintiff that a winter maintenance
company had been contracted to clear snow, as well
