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The court dismissed the plaintiff's appeal, affirming that its proposed amendments to plead a breach of good faith constituted a statute-barred new cause of action.
The court dismissed the appeal by RatesDotCa Group Ltd. (formerly Kanetix Ltd.) from a decision denying leave to further amend its statement of claim to plead that Trader Corporation breached its duty of good faith and honest performance in contractual dealings.
The court found that the proposed amendments raised a new cause of action and a new remedy, both of which were statute-barred under the Limitations Act, 2002.
The court also found no error in the associate judge’s application of the law regarding discoverability and the limitation period.
The appeal was dismissed with costs.
