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Leave granted to vacate trial readiness; amendment refused due to prejudice and limitation concerns.
The plaintiffs brought motions seeking leave to vacate a certificate of trial readiness under Rule 48.04(1) of the Rules of Civil Procedure, amend their statement of claim under Rule 26.01, and conduct examinations for discovery of the defendants.
The underlying action arose from a slip and fall on an allegedly unstable concrete slab at the entrance of a residential property purchased from the developer and builder defendants.
The court found that the suspension of the plaintiffs’ former counsel by the Law Society constituted an unexpected change in circumstances justifying leave to vacate the certificate of readiness for trial.
However, the proposed amendments were refused because they introduced a new cause of action based on contractual allegations that would cause non-compensable prejudice and raise limitation period issues.
The court permitted the plaintiffs to proceed with examinations for discovery of the defendants, with the plaintiffs responsible for the costs of such discoveries in any event of the cause.
