The plaintiff, David Trueman, in a proposed class action, sought leave to amend the Fourth Amended Statement of Claim to add a new sub-class and particularize existing claims.
The proposed amendments related to allegations that Rogers Communications and Rogers Bank obtained private credit information through unauthorized soft credit checks to pre-approve and issue unsolicited credit cards, in breach of privacy rights and contract.
The defendants opposed, arguing the amendments introduced a new, time-barred claim based on a breach of Bank Act regulations.
The court found that the amendments did not introduce a new cause of action but rather particularized existing claims for breach of contract and privacy, with the issuance of unsolicited credit cards being a consequence of the alleged wrongful conduct.
Therefore, no limitation period issue arose.
The court granted the plaintiff's motion to amend the statement of claim and awarded costs to the plaintiff.
