The Plaintiff brought a motion for leave to issue a Fresh as Amended Statement of Claim, consolidate two proceedings, and add Modern Cleaning Concept Inc. as a defendant after the limitation period.
The proposed defendant, Modern Cleaning, opposed the motion, arguing lack of reasonable diligence by the Plaintiff and non-compensable prejudice.
The court applied the Morrison v. Barzo framework, finding that the Plaintiff exercised reasonable diligence in discovering the claim against Modern Cleaning, particularly given Wal-Mart's delayed disclosure of the cleaning contractor.
The court also found that Modern Cleaning would not suffer non-compensable prejudice.
The motion was granted.
