The defendant Terex Corporation sought leave to appeal to the Divisional Court from an order dismissing its appeal of a Master's order.
The Master had granted the plaintiffs leave to amend their statement of claim to add Terex as a defendant after the presumptive limitation period had expired, leaving the issue of discoverability for trial.
The court found no reason to doubt the correctness of the order below and dismissed the application for leave to appeal, awarding agreed costs of $3,500 to the plaintiffs.
