The plaintiff moved for leave to amend its statement of claim to add a new defendant and several new causes of action arising from the termination of a lease involving advertising space on a building wall.
The proposed amendments included claims for wrongful interference with economic relations, conspiracy, unjust enrichment, breach of trust, rectification, and recovery of rents.
The court held that most of the proposed claims were statute‑barred under the two‑year limitation period in the Limitations Act, 2002 and rejected the plaintiff’s argument that the ten‑year limitation period in the Real Property Limitations Act applied merely because the dispute involved a lease of real property.
However, the court allowed a limited amendment adding the proposed defendant for a claim relating to alleged non‑payment of rent for November and December 2006, finding a genuine issue as to whether the RPLA applied to that specific claim.