The plaintiff, Anderson T. Walcott, brought a motion seeking to note the Society of Management Accountants of Ontario (CPAO) in default for failing to defend an amended statement of claim.
The original claim against CPAO had been struck out in 1997 without explicit leave to amend.
The court determined that the plaintiff did not have an implicit right to amend the claim against CPAO, nor was leave sought or obtained to re-add CPAO as a party.
Consequently, no action was extant against CPAO, and the motion to note them in default was dismissed.
CPAO's cross-motion to confirm the claim was struck out and never amended was granted, while their request for an order under Rule 2.1.02(3) to prohibit further motions without leave was dismissed as premature.
