The plaintiff brought a motion for leave to amend his statement of claim and for the issuance of summonses to witness in an action against his bank regarding a credit card dispute.
The court dismissed the motion to amend, finding that the proposed amendments pleaded fundamentally different facts and a new cause of action after the expiry of the presumptive limitation period, which constitutes non-compensable prejudice.
The court also dismissed the request for summonses as no trial had been scheduled.
Costs of $5,000 were awarded to the defendant.
