[3] This claim arises from a rear-end motor vehicle accident which took place on June 19, 2010. The statement of claim was issued on June 7, 2012. Pursuant to Rule 14.08(1) the statement of claim should have been served by December 7, 2012. It was not.
[4] It appears that due to inadvertence the plaintiffs’ lawyers made no attempt to serve the defendant with the statement of claim before December 7, 2012 or after. It appears that a courtesy copy of the statement of claim was provided to the defendant’s insurer in June 2013 and the defendant was advised of the claim by her insurer in August 2013.
[5] It also appears that the plaintiffs’ lawyers encountered significant difficulty in bringing this motion in a timely fashion. The plaintiffs’ lawyers apparently discovered the lack of service issue shortly after the deadline had expired. In January 2013 a motion date seeking an order to extend time was booked for June 19, 2013. The lawyer with carriage of this matter on behalf of the plaintiffs was unable to attend on that date. This motion was then rescheduled for December 11, 2013. Unfortunately, the December date was not confirmed and as a result this motion was once again rescheduled, this time to January 16, 2014.