What is the test for discovering a tortfeasor?
Ontario, Canada
The following excerpt is from Yaacov Hen v. Bandura, 2015 ONSC 1511 (CanLII):
In summary, the motions court must examine the evidentiary record before it determines if there is an issue of fact or of credibility on the discoverability claim. If the court determines that there is such issue, the defendant should be added with leave to plead a limitations defence. If there is no such issue, as for example where the evidence before the motions court clearly indicates that the name of the tortfeasor and the essential facts that make up the cause of action against such tortfeasor were actually known to the plaintiff or their solicitors more than two years after the motion to amend, the motion should be refused. (Wong v. Adler, supra)
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