The moving plaintiff sought leave to amend the statement of claim to add a new corporate plaintiff, additional defendants, and new allegations relating to the alleged non‑payment of professional fees for psychological services.
The responding defendants opposed the amendments on the basis that limitation periods under the Limitations Act, 2002 had expired and that some proposed amendments raised new causes of action.
The court held that where it is unclear whether a limitation period has expired, leave to amend should generally be granted subject to the responding parties retaining the right to raise a limitation defence.
Leave was granted to add certain parties, including a law firm as a defendant, and to make most amendments, while some proposed paragraphs were refused or required revision for failing to plead material facts.
The motion was therefore partially granted with conditions.
