The plaintiffs brought a motion for leave to amend their statement of claim in an action concerning an unpaid promissory note related to a share purchase agreement.
The defendant opposed several amendments on grounds of res judicata, expiry of limitation periods, pleading evidence, frivolousness, and inexplicable delay.
The court denied leave for amendments relating to an option agreement, finding them barred by res judicata as the issue had been finally determined in a prior summary judgment.
However, the court granted leave for the remaining amendments, including claims for breach of the duty of honest contractual performance, finding they arose from the same factual matrix and were not statute-barred.
The court also found the delay in seeking amendments was adequately explained and any presumed prejudice was rebutted.
