The plaintiff, a former nursing student, sought leave to amend her statement of claim to add Dr. George Heckman as a defendant, alleging defamation and negligent misrepresentation.
Dr. Heckman opposed the motion, arguing the claims were statute-barred by the Limitations Act, 2002, and that the negligent misrepresentation claim failed to disclose a reasonable cause of action due to the absence of a special relationship and reasonable reliance.
The court found that the plaintiff had discovered the material facts for her claims by September 28, 2020, or November 2020 at the latest, making her March 15, 2023 motion to add Dr. Heckman out of time.
Additionally, the negligent misrepresentation claim failed because no special relationship or reasonable reliance was pleaded.
Leave to amend the statement of claim to add Dr. Heckman as a defendant was denied.
