The plaintiff and defendant both sought leave to amend their pleadings in an accounting dispute arising from a construction management contract.
The defendant opposed the plaintiff's proposed amendment, arguing it raised a new cause of action that was statute-barred under the Limitations Act.
The Master applied a broad approach to defining a cause of action and found the amendment was based on the same factual matrix as the original claim.
The Master also found that discoverability was a genuine issue for trial, as the plaintiff only received the defendant's general ledger recently.
Both parties were granted leave to amend their pleadings, with costs awarded to the plaintiff.
