The plaintiffs brought a motion for leave to amend their statement of claim to allege a breach of minutes of settlement by the defendants.
The defendants opposed the motion, arguing the proposed amendments were barred by the Limitations Act, 2002, as the plaintiffs ought to have discovered the alleged defects in the replacement materials upon delivery.
The court granted leave to amend, finding it was not clear that the claim was statute-barred, as the plaintiffs may have reasonably relied on the defendants' good faith in fulfilling the settlement.
The court also granted the plaintiffs' request to transfer the action to the ordinary procedure due to an increase in claimed damages.
