?  Background:

• Incident: Single motor vehicle collision on March 9, 2018.
• Injuries: Plaintiff sustained injuries from airbag deployment.
• Initial Legal Action: Notice of Action and Statement of Claim filed on March 9, 2020, but not served within the required one-year period.

?  Motion:

• Plaintiff's Request: Renew the expired Notice of Action and Statement of Claim.
• Defendant's Argument: Opposed the motion, citing the passage of five years since the incident, which would unfairly extend the limitation period.

?  Legal Issues:

• Whether the Motion to Renew should be granted given the delays and potential prejudice to both parties.

?  Key Legal Points:

• Rule 4.04(5): Allows for renewal of a Notice of Action if not served within a year.
• Inadvertence: The plaintiff’s solicitor’s failure to serve the action was due to inadvertence, exacerbated by the COVID-19 pandemic.
• Prejudice:
  • Plaintiff: Would suffer serious prejudice if the claim is not renewed, losing the right to seek compensation.
  • Defendant: Claims prejudice due to the delay but cannot demonstrate prejudice that cannot be compensated by costs.

?  Court's Analysis:

• Burden of Proof: Plaintiff must show serious prejudice from non-renewal and that the defendant will not suffer irremediable prejudice.
• Exceptional Circumstances: Recognized the impact of COVID-19 on legal practice and the inadvertence of the plaintiff's solicitor.
• Balancing Prejudice: Determined that denying renewal would result in greater prejudice to the plaintiff compared to the defendant.

?  Decision:

• The Court granted the Motion to Renew the Notice of Action and Statement of Claim without costs.
• The decision document does not specify a monetary award.