The plaintiff, 1778133 Ontario Inc. (RMI), brought a motion seeking leave to correct the defendant's name and amend its Statement of Claim to include allegations of improper backcharges, tender misrepresentations, and contractual interest on overdue amounts.
The defendant, Laurin Contracting Ltd., consented to the name correction but opposed the other amendments, arguing they introduced new causes of action outside the two-year limitation period.
The court granted leave to amend for the backcharges and misrepresentations, finding they merely clarified existing claims or provided further particulars based on the original factual matrix.
However, the amendment for contractual interest on overdue accounts was denied, as it constituted a new cause of action that was statute-barred, having been discovered outside the limitation period.