The plaintiffs brought a motion to amend their amended Statement of Claim to increase damages and extend the time period over which the defendants allegedly removed and converted sand from the plaintiffs’ property.
The defendant contractor opposed the amendment, arguing that claims relating to sand removal prior to 2007 were statute‑barred under the Limitations Act, 2002.
The court held that whether the claims were discoverable earlier was a factual issue unsuitable for determination on a motion.
Because the limitation issue was disputed and the amendments did not introduce a new tort, the court held that Rule 26.01 required the amendment to be permitted absent non-compensable prejudice.
The motion to amend was therefore granted, with procedural directions for further discoveries and expert reports.
