The defendants in a motor vehicle accident claim moved for leave to amend their statement of defence to plead the inevitable accident defence, citing a blown tire.
The motion was brought nearly four years after the action commenced and shortly before the scheduled trial.
The court dismissed the motion, finding that the defendants' lengthy and unexplained delay in seeking the amendment resulted in presumed, non-compensable prejudice to the plaintiff that could not be remedied by costs or an adjournment.
