The defendant brought a motion to add a proposed defendant-by-counterclaim and to amend its Statement of Defence and Counterclaim.
The responding party opposed the motion, arguing that the claim was statute-barred and that the matter was res judicata due to a previous summary judgment motion.
The court found that discoverability remained a live issue for the limitation period and that the previous judge had not made a final decision on the request to add a party.
Applying the mandatory language of Rule 26.01 and the principles of Rule 5.03, the court granted the motion to amend the pleadings and add the party, finding no non-compensable prejudice.
