The plaintiffs appealed an order dismissing their motion to amend their statement of claim to add a claim for negligent misrepresentation.
The motion was brought 13 years after the action was commenced and long after the relevant limitation period had expired.
The Divisional Court dismissed the appeal, holding that where a limitation period has passed, a plaintiff must show special circumstances to amend a pleading, rather than merely showing an absence of non-compensable prejudice to the defendant.
The court found no special circumstances and noted that the defendant would likely suffer real prejudice given the passage of time.
