The defendants brought a motion for leave to amend their statement of defence and counterclaim in an action by the plaintiff bank to enforce loan agreements.
The proposed amendments sought to plead that all defendants suffered damages, add a claim for the tort of deceit, and expand pleadings regarding breach of honesty and good faith.
The plaintiff opposed, arguing the amendments were statute-barred, an abuse of process, and untenable at law.
The court granted leave for all amendments, finding they either particularized existing claims or were based on newly discovered facts with a reasonable explanation for the delay.
The defendants were ordered to pay $1,050 plus HST for the costs of the plaintiff preparing an amended reply.
