"Licence Plate Searches in Motor Vehicle Claims"

Article By: Nazli Buhary

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A licence plate search is a rudimentary step in any action arising out of a motor vehicle accident and the failure to conduct one can result in adverse consequences for both plaintiffs and defendants.

In Velasco v North York Chevrolet Oldsmobile Ltd., 2011 ONSC 85 (S.C.J.), Justice McEwen recently dismissed an action against the owner of a vehicle which was commenced outside the two year limitation period as the plaintiff’s lawyers had relied solely upon the motor vehicle accident report which mistakenly identified the wrong party as the owner and ignored available information confirming ownership. As a result, the plaintiff failed to sue the proper owner in time.