The plaintiff brought a motion seeking leave to amend her statement of claim to add new parties and numerous additional causes of action, and to join a related Small Claims Court proceeding.
The court considered the interaction between Rule 26.01 of the Rules of Civil Procedure and the limitation regime under the Limitations Act, 2002.
The proposed amended pleading introduced substantially new factual allegations and causes of action, including breach of contract, breach of partnership agreement, intentional interference with economic relations, conspiracy, and discrimination.
The court held that these new claims were discrete causes of action based on facts known more than two years before the motion and were therefore statute-barred under the Act.
Leave to amend the claim in the proposed form and leave to join the Small Claims Court action were denied, though the plaintiff was granted limited leave to propose a revised amendment consistent with the court’s reasons.
