The plaintiffs brought a motion to amend their Statement of Claim to add several contractors as defendants in an action concerning construction defects in their home.
One proposed defendant, a roofing contractor, opposed the motion, arguing the limitation period had expired, the death of its sole employee caused irredeemable prejudice, and the claim for pure economic loss was not legally tenable.
The court granted the motion, finding that there was a genuine issue of fact regarding when the claim was discoverable, that the death of the employee did not cause non-compensable prejudice, and that the proposed amendments disclosed a legally tenable cause of action.
