Latest News Articles

http://canlii.ca/t/gv43r

2. 2.The plaintiff retained the defendant lawyers to act on her behalf in advancing a tort claim and an accident benefits claim. The tort claim was started in February 2002 but was ultimately dismissed by Justice Rogin on a summary judgment motion on January 6, 2009. Justice Rogin found that the applicable limitation period for the tort claim expired one year after the accident in accordance with Tennessee law. The claim was out of time.

3. 3.The plaintiff started this action on August 13, 2009. She is claiming that the defendants acted negligently in the handling of her claims. Discovery is complete. This action has been set down for trial. A pre-trial will take place on October 18, 2016, just three business days from today. The trial is on the long trial list and is set for 20 days beginning January 3, 2017.

4. 4.Nearly 17 years has gone by since the plaintiff was injured. She has yet to have her day in court. The defendants now seek leave to amend their statement of defence. They want to add allegations regarding the state of the law at the time the tort statement of claim was issued in 2002 as part of their standard of care defence. They also seek to include allegations that the plaintiff missed the limitation period applicable to this negligence claim against her former lawyers.