The plaintiff, Sharna Gayle, brought a motion to amend her Amended Statement of Claim in a solicitor's negligence action against Lerners LLP and its lawyers.
The proposed amendments sought to increase the damages claimed from $1,000,000 to $20,000,000 and to add extensive particulars detailing the alleged negligence and breach of fiduciary duty, including allegations of conflict of interest due to "religious and personal affiliations." The court granted the amendment to increase the damages, affirming that such an increase does not constitute prejudice.
However, the court dismissed the motion to add the detailed particulars, finding that these proposed amendments violated Rule 25.06(1) of the Rules of Civil Procedure by pleading evidence, explanations, and submissions rather than concise material facts.
The court also found that the proposed amendments did not introduce a new cause of action and that the delay in seeking amendments was not excessive enough to presume non-compensable prejudice.