The plaintiff brought a motion for leave to amend the statement of claim to add four individuals as personal defendants in an action concerning the conversion of crypto assets.
The proposed defendants opposed the motion, arguing the claims against them were statute-barred, disclosed no reasonable cause of action, and would cause non-compensable prejudice.
The court found that there was a genuine factual dispute regarding when the plaintiff discovered that the proposed defendants were acting in their personal capacities rather than as corporate representatives.
The court granted leave to amend the claim and add the defendants, holding that the discoverability issue should be resolved at trial and permitting the added defendants to plead the limitation period as a defence.
