The plaintiffs brought a motion to amend their statement of claim to add a claim for punitive damages and allegations of spoliation of evidence following a pedestrian motor vehicle accident allegedly involving street racing.
The court granted leave to add the punitive damages claim and spoliation allegations concerning the sale of a vehicle and replacement of an engine, finding them to be issues worthy of trial.
However, the court denied leave to add spoliation allegations regarding electronic communications and a failure to remain at the scene, citing a lack of factual foundation.