The defendants brought a motion for leave to amend their statement of defence to plead that the plaintiffs' claim was statute-barred under the 15-year ultimate limitation period.
The plaintiffs opposed the motion and brought a cross-motion seeking leave to amend their statement of claim and conduct further discovery if the defendants' motion was granted.
The court granted both motions, finding that the proposed amendments were not abusive, the limitation defence was viable, and any prejudice to the plaintiffs could be addressed by allowing them to amend their pleadings and through costs.
