The defendants appealed a Master's order granting the plaintiffs leave to amend their Statement of Claim to seek damages for breach of a settlement agreement.
The defendants argued the new causes of action were barred by the two-year limitation period under the Limitations Act, 2002.
The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the Master's decision.
The court held that, at the pleadings stage, the plaintiffs' reliance on the defendants' ameliorative efforts to cure the breach may have rendered legal proceedings inappropriate, thereby postponing the commencement of the limitation period.
