The plaintiff brought a motion in Small Claims Court seeking to add a corporate party as a defendant or to substitute the named individual defendant with the corporation after the limitation period had expired.
The court considered when the limitation period began in the context of a production contract where payment depended on invoicing.
Applying authority holding that a cause of action arises after a reasonable time to issue and pay an invoice, the court determined the limitation period began after reasonable periods for invoicing and payment had elapsed.
The court further held that the amendment sought was not merely correction of a misnomer but the addition of a new party after expiry of the limitation period.
As the plaintiff had notice of the correct party before the limitation period expired but failed to bring a timely motion, the amendment could not be granted.
