The defendants brought a motion to add Brian Kraynyk as a party to their counterclaim, alleging fraud and negligent misrepresentation.
The motion was dismissed because the two-year limitation period for adding Mr. Kraynyk had expired.
The court found that the defendants had knowledge of the underlying issue (failure to install a septic tank) well over two years prior to bringing the motion, and their claim of newly discovered evidence was not credible.
While the motion to add a party was dismissed, the motion to amend the statement of defence was granted, excluding any paragraphs referencing the proposed added party and personal claims against him.
