The plaintiffs in this class proceeding moved to amend their statement of claim to add a new cause of action related to an "investment spread" and sought certification of a new common issue.
The defendant opposed, arguing the claim was time-barred and the amendment would fundamentally alter the certified action.
The defendant also moved to strike portions of the plaintiffs' expert report as irrelevant.
The court dismissed the plaintiffs' motion to amend, finding the claim discoverable in 2016 and thus out of time, and that the amendment would cause non-compensable prejudice and delay.
The court granted the defendant's motion to strike the expert report portions related to the investment spread and profitability, deeming them irrelevant to the certified common issues.
