The plaintiffs (Blairs) brought a motion for leave to amend their Statement of Claim to include claims of negligent misrepresentation and bad faith with resultant punitive damages against The Standard Insurance Brokers Ltd. (Standard).
Standard cross-motioned for summary judgment.
The court focused on the motion to amend, considering whether the amendments constituted new causes of action, if they were statute-barred under the Limitations Act, and if they would cause non-compensable prejudice.
The court found that it was not plain and obvious that the claims for negligent misrepresentation and bad faith could not succeed at trial, and that the discoverability principle applied, meaning the limitation period did not begin until the expert report was received.
The court granted leave to amend the Statement of Claim.
