The plaintiffs brought a motion to amend their statement of claim following the death of the original plaintiff, a resident of a retirement home who was allegedly assaulted by a staff member.
The defendants opposed amendments adding claims for breach of contract, breach of fiduciary duty, and breach of statutes, arguing they were statute-barred or pleaded evidence.
The court granted leave to amend, finding the new claims were either not new causes of action or potentially saved by the lack of a limitation period for assault where dependency exists, though one paragraph pleading evidence of a fine was struck.
