The defendant appealed a Master's order granting the plaintiff leave to amend its Statement of Claim in an action for negligence and breach of contract arising from a sewage system upgrade project.
The defendant argued the amendments raised new, time-barred causes of action.
The Divisional Court dismissed the appeal, upholding the Master's findings that most amendments merely particularized the existing claims based on the same factual matrix.
For the amendments that did raise a new cause of action, the court agreed with the Master that the issue of discoverability was genuinely in dispute and should be resolved at trial, allowing the amendments subject to a limitation defence.
