The defendant Intact Insurance brought a motion for leave to amend its Third-Party Claim against Ashley Zenguele and Justyne Burger-Samuels.
The defendant WTH Car Rental ULC opposed the motion, arguing potential prejudice.
The court applied Rule 26.01 of the Rules of Civil Procedure, finding that WTH Car Rental ULC lacked standing to oppose the amendment as it was not a party to the Third-Party Claim.
The proposed amendments did not introduce a new cause of action and arose from the same factual matrix.
The court found no non-compensable prejudice to WTH Car Rental ULC, noting that any potential exposure to judgment was an outcome of the amended claim, not the amendment itself.
Leave to amend was granted, with a condition that WTH Car Rental ULC be notified of any default judgment proceedings.
