The appellant sued her former employer for wrongful dismissal arising from a 2001 transfer of the business.
After the limitation period expired, she sought to amend her statement of claim to allege constructive dismissal based on a significant salary reduction in 1999.
The motion judge dismissed the motion to amend.
The Court of Appeal dismissed the appeal, holding that under Rule 26.01, the expiry of a limitation period creates a presumption of prejudice to the responding party.
The moving party must rebut this presumption by demonstrating special circumstances.
Because the proposed amendment advanced a fundamentally different and unrelated claim, and no special circumstances were shown, the amendment was properly denied.
