The plaintiffs brought a motion to amend their statement of claim in a negligence action arising from a fatal motor vehicle collision.
They sought to add claims for post‑traumatic stress disorder suffered by a surviving spouse and related income loss, as well as expanded Family Law Act damages for a child.
The defendants argued the amendment introduced a new cause of action outside the limitation period and improperly pleaded evidence.
The court held the proposed amendment merely added a new head of damages arising from the same material facts already pleaded and therefore did not constitute a new cause of action.
The amendment was permitted, except for portions that improperly pleaded evidentiary details.
