The self-represented plaintiffs brought a motion to further amend their Amended Statement of Claim in a solicitor negligence action arising from a failed real estate transaction.
The motion was brought after the action had been set down for trial.
The court granted leave to bring the motion and allowed the amendments in part.
The court struck proposed amendments referencing a potential miscarriage as scandalous, but allowed the addition of breach of fiduciary duty claims, leaving the determination of whether they were statute-barred to the trial judge.
The amendments were permitted subject to conditions, including the defendant's right to seek an adjournment, file an amended defence, and conduct further discovery at the plaintiffs' expense.
