The plaintiff in a solicitor's negligence action brought a motion for leave to amend her statement of claim to add allegations of litigation misconduct against the defendants' counsel.
The proposed amendments related to the removal of labels from boxes containing the plaintiff's files before they were delivered.
The court dismissed the motion, finding that the proposed amendments did not arise from the same factual matrix as the original claim and did not disclose a legally tenable cause of action for litigation misconduct.
The court also noted the motion appeared to be brought primarily for tactical reasons to bolster a separate motion to remove the defendants' counsel.
