The plaintiffs brought a motion to amend their statement of claim in a fatal motor vehicle negligence action and to permit the late delivery of a jury notice.
The proposed amendments included adding a claim for punitive damages, pleading admissions and res judicata based on a corporate defendant’s guilty plea to a provincial offence arising from the accident, and providing further particulars of an income loss claim under the Family Law Act.
The court held that amendments should generally be permitted unless non-compensable prejudice would result and found the proposed amendments were tenable and raised issues better determined at trial.
The court also found that the amendments reopened the pleadings, allowing delivery of a jury notice.
Leave to amend and to deliver a jury notice was granted, with costs to the plaintiffs.
