The plaintiff moved for leave to amend its statement of claim to add a third party as a defendant in an action concerning environmental contamination.
The proposed defendant opposed the motion, arguing the claim was statute-barred.
The court found that the plaintiff had actual knowledge of the material facts giving rise to a plausible inference of liability against the proposed defendant more than two years before bringing the motion.
Consequently, the limitation period had expired, and the motion to add the party was dismissed.
