The defendant brought a motion for leave to amend the amended statement of defence in a solicitor’s negligence action alleging failure to commence a motor vehicle accident claim.
The proposed amendments sought to plead an alternative defence based on discoverability and the timing of the limitation period.
The court applied Rule 26.01 of the Rules of Civil Procedure, which requires that amendments be granted unless non-compensable prejudice would result.
The plaintiff argued that allowing the amendment could eliminate her cause of action and that she had relied on the absence of a discoverability defence.
The court held that the plaintiff failed to provide sufficient evidence of prejudice that could not be compensated by costs or adjournment and granted leave to amend.
