The moving defendants sought leave to amend their statement of defence and cross-claim to add a claim for damages against a co-defendant.
The co-defendant opposed the amendment, arguing the two-year limitation period had expired.
The court found there was a triable issue regarding when the moving defendants knew or ought to have known of the co-defendant's alleged negligence in loading the cargo.
The court granted leave to amend, with the co-defendant permitted to plead a limitations defence.
