Roy R. McMurtry

The appellants appealed an order refusing to allow them to fundamentally recast their litigation after nine years.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion that the amendment would inevitably prejudice the respondents, particularly given the expiry of the applicable limitation period.

The respondents' cross-appeal on costs was also dismissed.

The Court of Appeal for Ontario issued an endorsement on costs following an appeal.

The court ordered the appellant to pay the respondent's costs of the appeal, fixed at $20,000 inclusive of GST and disbursements, finding the amount fair and reasonable given the time spent, the amount in question, and the limited number of issues.