The defendant brought a motion to amend their statement of defence to plead spoliation, alleging the plaintiff lost or destroyed a clinical file from an attendant care provider.
The motion was based on a letter from the provider stating the file was left at the plaintiff's home, which the plaintiff vigorously denied under oath.
The court adjourned the motion, finding that the amendment was based on double hearsay and would cause irreparable prejudice to the plaintiff without a proper evidentiary basis, granting the defendant leave to return with proper affidavit evidence.
