Client MKMotor vehicleTorontoOwner POopen, last reviewed 2026-09-14
CRITICAL
Clock stripas of 2026-10-05
DETAIL, 2028-03-06 TO 2028-03-20: the stored clock is 14 days later than the re-derived clock
from a document stored, client said window closed without notice argument for counsel
CRITICALEXCEPTIONStored limitation date is 14 days later than the police collision report supportsSHADOW v1.0LIM-04
The calendar holds 2028-03-20, taken from the incident date the client gave (2026-03-20). The police collision report dates the incident 2026-03-06, so the period ends 2028-03-06. The stored clock is wrong in the dangerous direction.
A claim issued between 2028-03-07 and 2028-03-20 would be out of time.
STORED LIMITATION DATE2028-03-20Client saidRE-DERIVED LIMITATION DATE2028-03-06From a documentINCIDENT DATE2026-03-20Client saidINCIDENT DATE2026-03-06From a document
Has the calendar been corrected to 2028-03-06, the date the police collision report supports?to lawyerF-HV-1044-LIM-04
REC-HV-1044-34fad1a…eecad0aBreachSECONDARYCOUNSEL-CONFIRMSroutes to reviewexamined 6 documents, all extracted
CRITICALEXCEPTIONCity notice window closed 2026-03-16, 4 days before intakeSHADOW v1.0NOTICE-TOR-42
Police collision report places the occurrence on a City of Toronto road and records the road condition (deep pothole in the curb lane). Written notice to the City clerk was due within 10 days, by 2026-03-16. The intake call was on 2026-03-20. No notice is on file.
Without notice the claim against the municipality is barred, unless a judge finds a reasonable excuse and no prejudice. The saving subsection is counsel-confirms.
INCIDENT DATE2026-03-06From a documentINTAKE CALL2026-03-20From a documentWRITTEN NOTICE TO THE CLERKNot on fileMissing
What is the reasonable excuse for late notice, and which document shows it?to managing partnerF-HV-1044-NOTICE-TOR-42
REC-HV-1044-7666a01…e458cbdBreachSECONDARYCOUNSEL-CONFIRMSroutes to escalationexamined 6 documents, all extracted
REVIEWEXCEPTIONPassenger JD is adverse to our client and must be referred outSHADOW v1.0RPC-3.4-REFER
JD, 16 at the collision, rode in our client's vehicle, so her claim would run against our client as driver. The firm does not act for her. A non-engagement and referral letter to her parent is queued, not sent. It states her safe date, 2028-03-06, that a minor needs a litigation guardian to sue (RCP-7), and that she should see her own lawyer.
PASSENGER'S SAFE DATE2028-03-06From a documentPASSENGER DATE OF BIRTH2009-08-12Client saidPASSENGER AGE AT THE COLLISION16From a documentPASSENGER ADVERSE TO THE CLIENTyesInferred, needs counselREFERRAL LETTER SENT TO HER PARENTNot on fileMissing
Has the referral letter gone to her parent, and which document confirms her date of birth?to lawyerF-HV-1044-RPC-3.4-REFER
FORKCould minority suspend her period?FORK-HV-1044-2A Safe date: 2028-03-06, the referral letterB Minority suspension: up to 2029-08-12, an argument for her own counselThe firm does not act for her. Only her own counsel decides this.
REC-HV-1044-856002a…4e24bd2Client saidSECONDARYFIRMroutes to reviewexamined 6 documents, all extracted
REVIEWEXCEPTIONTwo sources disagree: how the collision happenedSHADOW v1.0FIRM-RECORD-01
Police collision report: "Vehicle 1 was struck by Vehicle 2 while turning left." Intake call note: "Client says she was rear-ended while stopped at a red light."
HOW THE COLLISION HAPPENEDStruck while turning leftFrom a documentHOW THE COLLISION HAPPENEDRear-ended while stopped at a red lightClient said
Which account will the client's statement adopt?to lawyerF-HV-1044-FIRM-RECORD-01-collision.account
REC-HV-1044-9001833…0419903Client saidFIRMroutes to reviewexamined 6 documents, all extracted
REVIEWCANNOT DETERMINEA later discovery date is an argument for counsel, not the clockSHADOW v1.0LIM-05
The diagnostic imaging report of 2026-04-17 first records the injury. If counsel argues discoverability, the period could run to 2028-04-17. Under s. 5(2) the client is presumed to have known on 2026-03-06 unless the contrary is proved. The calendar stays on 2028-03-06.
INCIDENT DATE2026-03-06From a documentINJURY FIRST RECORDED2026-04-17From a document
Will counsel argue discoverability from 2026-04-17, and on which evidence?to lawyerF-HV-1044-LIM-05
FORKWhich date starts the limitation clock?Open in ExchangeA Safe date: 2028-03-06, the calendar, on the s. 5(2) presumptionB Discoverability: 2028-04-17, an argument for counsel
REC-HV-1044-4ea92f3…67f64b2Inferred, needs counselSECONDARYCOUNSEL-CONFIRMSroutes to reviewexamined 6 documents, all extracted
Letter draftQUEUED, NOT SENTbound to REC-HV-1044-8
To
LD, parent of JD
Subject
We do not act for your daughter
Hale & Voss LLP acts for the driver of the vehicle in which JD was a passenger. Because her claim would be against our client, we do not act for her and cannot advise her.
Time limits apply to her claim. On the documents we hold, the earliest date by which her claim may have to be started is 6 March 2028. Her own lawyer will confirm the date that applies to her.
Because she is a minor, a proceeding on her behalf must be started by a litigation guardian, usually a parent.
Please have her see her own lawyer promptly. This letter does not give advice on the merits of any claim.
Rules that pass on this file
PASSConflict search cleared by a partnerAUTHORITY v1.1RPC-3.4REC-HV-1044-1
PASSSigned standard form agreement on fileAUTHORITY v1.1CFA-01REC-HV-1044-2
PASSUltimate period ends 2041-03-06SHADOW v1.0LIM-15REC-HV-1044-5