The plaintiffs, property developers, brought a motion for leave to amend their statement of claim to add three new defendants and plead conspiracy and oppression regarding allegedly inflated billings for deficiency work.
The proposed defendants opposed the motion, arguing the claims were statute-barred under the Limitations Act, 2002.
The court granted the motion, finding the plaintiffs had exercised reasonable diligence in investigating the billing discrepancies and raised a triable issue regarding discoverability.
The court held that the proposed amendments disclosed a reasonable cause of action and would not cause undue prejudice.