The plaintiff brought a motion to amend his Statement of Claim in an estate dispute, seeking to add new claims and parties.
The defendants and proposed defendants opposed the motion, arguing that the new claims were statute-barred by the two-year limitation period and that the amendments would cause non-compensable prejudice.
The court granted the motion, finding that the amendments against the existing defendants did not constitute new causes of action, but rather sought alternative relief based on facts already pleaded.
Regarding the new parties, the court found the plaintiff had established an arguable case that the claims were not discoverable until after the limitation period had presumptively expired.
The court also found no non-compensable prejudice, as the plaintiff provided an adequate explanation for the delay.
