John Webster

The plaintiffs appealed a master's decision refusing to add a party (Trailcon) and refusing to allow amendments to the pleadings after the expiry of the limitation period.

The defendants cross-appealed the master's decision to add another party (684).

The Divisional Court allowed the appeal, finding that Trailcon's insurer had constructive notice of the claim, constituting special circumstances to overcome the limitation period.

The court also allowed the amendments, finding they were alternative theories of liability rather than new causes of action.

The cross-appeal was dismissed.

The self-represented plaintiff appealed an order striking his statement of claim without leave to amend.

The plaintiff had sued his former solicitor for failing to provide a letter confirming the plaintiff's version of events regarding a property sale, claiming damages for mental anguish.

The Divisional Court held that while a witness is absolutely immune from suit for acts related to giving evidence, it was not plain and obvious that a solicitor owes no duty to provide their own recollections to a former client.

The appeal was allowed in part to permit the plaintiff to amend his claim to seek only a statement of the solicitor's recollections, without any claim for damages.