The plaintiffs, Reginald and Linda Cyr, sought leave to amend their statement of claim on the sixth day of a simplified rules trial to add claims for punitive and aggravated damages.
The defendant, The Cataraqui Cemetery Company, opposed the motion, arguing the amendments were statute-barred by the Limitations Act, 2002, as the underlying facts were known years prior.
The court granted leave, finding that the proposed amendments were elaborations on facts already pleaded and did not fundamentally alter the nature of the action or cause uncompensable prejudice to the defendant.
