The defendant City of Windsor brought a motion for leave to amend its statement of defence to add a statutory notice defence under section 44(10) of the Municipal Act, 2001.
The plaintiff opposed the motion, arguing that the late amendment would cause non-compensable prejudice and that the proposed amendment lacked prima facie merit.
The court granted leave to amend, finding that the plaintiff failed to establish non-compensable prejudice, that the amendment raised a triable issue with apparent merit, and that while the delay was unexplained, it did not constitute inordinate delay triggering a presumption of prejudice.
The court imposed strict procedural terms including further discovery and motion deadlines.
