The plaintiff brought a motion for leave to amend its statement of claim in a construction lien action.
The defendant opposed the motion and brought a cross-motion to strike the plaintiff's defence to the counterclaim, arguing the amendments raised new causes of action after the expiry of the limitation period.
The court granted the plaintiff's motion, finding the proposed amendments merely expanded and clarified the original pleadings regarding a joint venture and oral agreements, rather than creating new causes of action.
The court found no prejudice to the defendant, as discoveries had not yet occurred, and dismissed the defendant's cross-motion.
