The plaintiff grandmother sued her defendant grandson to recover funds she allegedly loaned him to pay estate debts and repair a home.
She brought a motion to amend her Statement of Claim to add allegations of undue influence, breach of fiduciary duty, and punitive damages, as well as to plead evidence obtained during discovery.
The court dismissed the motion, finding it plain and obvious that the proposed amendments could not succeed because undue influence is not a stand-alone cause of action, the material facts for breach of fiduciary duty were not pleaded, and there was no independent actionable wrong to support punitive damages.
