The appellant appealed a Master's order denying leave to amend her statement of claim to add a claim for gender discrimination and to incorporate particulars.
The Divisional Court dismissed the appeal, finding that the gender discrimination claim was a new cause of action advanced after the expiry of the limitation period, and that the passage of ten years created presumed prejudice.
The court also held that while particulars form part of the pleadings, they cannot be incorporated into a statement of claim if they plead evidence contrary to the rules of pleading.
