The moving parties sought leave to amend a statement of claim to add affiliated corporations as plaintiffs and to plead additional causes of action including negligent misrepresentation, breach of by-laws and guidelines, and misfeasance in public office arising from a municipal waste management tender process.
The defendant opposed the amendments on the basis that the proposed claims were statute barred under the Limitations Act, 2002.
The court held that amendments should be granted unless clearly impossible of success or causing non-compensable prejudice.
The proposed amendments arose from the same factual matrix as the existing claim and could reasonably succeed.
Issues concerning the limitation period and discoverability were triable matters better left for determination at trial.
