The defendant restaurant brought a motion for summary judgment arguing that the plaintiffs' amended statement of claim advanced a new cause of action barred by the Limitations Act.
The plaintiffs had previously had their claim regarding a slip and fall on the restaurant's stairs struck, but were permitted to amend to plead a failure to advise of a main floor washroom.
The court found that while the amendment did not constitute a new cause of action, there was no genuine issue requiring a trial because the underlying complaint regarding the condition of the stairs had already been dismissed.
The motion for summary judgment was granted and the amended claim was dismissed.
