The plaintiff, Sam Cosentino, brought a motion to amend his statement of claim for the fifth time to add new transactions, some of which occurred more than two years prior to the motion.
The court dismissed the motion, finding that the proposed amendments would cause prejudice to the defendants, particularly given a pending summary judgment motion.
The court also determined that the new claims were barred by the Limitations Act, as the plaintiff failed to rebut the presumption of prejudice arising from the expired limitation period.
Additionally, the plaintiff's refusal to provide a blacklined pleading, as directed by the court, was noted.
