The decision Cooley v. Siemens, [1994] B.C.J. No. 1845 (BCSC) was a case in which the parties were added despite the application being brought more than two years after a motor vehicle accident. The court found that although the plaintiff may have been aware that the proposed defendants were incidentally involved in the accident, it was not within their means of knowing that they were substantially involved at the time of the accident itself. The court found that it was reasonable for counsel to have commenced the action against the original defendants based on the information he had presently received from his clients, and then to apply to add the new parties when the new information came to his attention. The court found that the plaintiff in that case did not have facts within her knowledge as to the involvement of the new defendants until the statement of defence had been filed.
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