The plaintiff brought a motion for leave to amend the statement of claim to add new causes of action for specific performance and rescission.
The defendants opposed the amendments, arguing they were statute-barred under the Limitations Act, 2002.
The court found that the plaintiff failed to rebut the statutory presumption of discoverability, as there was no evidence establishing when the plaintiff actually discovered the claims.
The opposed amendments were denied as statute-barred or untenable, while unopposed amendments were granted.
The defendants were awarded costs of the motion and costs thrown away for an aborted examination for discovery.
