The plaintiffs, commercial tenants of a sports bar, sought leave to amend their statement of claim against the defendant landlord to add claims under the Occupiers' Liability Act and for punitive damages related to toxic mold on the premises.
The defendant opposed, arguing the amendments constituted new causes of action that were statute-barred.
The court granted the motion, finding that the original claim contained sufficient material facts regarding the defendant's control of the premises and alleged bad faith conduct, such that the amendments merely particularized existing claims and did not constitute new causes of action.
