In a defamation action concerning an article criticizing the plaintiffs' prenatal paternity test, the defendants brought a motion to amend their Statement of Defence after the close of evidence at trial.
The plaintiffs opposed the motion, arguing that the amendment introduced new allegations regarding the validity of the underlying science, which would cause non-compensable prejudice.
The court reviewed the existing pleadings and expert reports, concluding that the validity of the science was already a live issue and the amendment merely clarified existing allegations.
The court granted the motion to amend, finding no prejudice to the plaintiffs.