The moving party defendants sought leave to amend their statement of defence to add a single sentence alleging the plaintiff failed to mitigate her damages.
The plaintiff opposed the motion, arguing the proposed amendment lacked sufficient particulars.
The court dismissed the motion, finding that given the specific allegations of solicitor negligence, sexual assault, and psychological manipulation, a bare mitigation defence was legally untenable without further particulars.
The dismissal was without prejudice to the defendants moving again with a properly particularized pleading.
