Legal Blog

Service of Claim

Ero-Oriri & Sidney v. Carsen 2020 Ont SCJ (MC)

The plaintiffs, in a medical negligence action, commenced the action by way of a notice of action, presumably because a limitation period was fast approaching. Under the Rules of Civil Procedure the plaintiffs had 6 months to serve their statement of claim. Two weeks before the statement of claim had to be served, the plaintiffs moved for leave to extend the time for service, claiming that they needed more time to obtain an expert opinion. The Master refused that leave, holding that the plaintiff had sufficient time to have investigated their claim.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.