The plaintiffs in a certified class action brought a motion to amend their statement of claim and certification order to add a claim for punitive damages based on evidence discovered during the discovery process.
The claim alleged that the defendant knew or ought to have known of possible PFAS contamination of class members' drinking water by March 2013 but failed to disclose the contamination until December 2015.
The court found the proposed amendment was not plain and obvious to fail, as the failure to warn neighbouring residents of possible PFAS contamination of their drinking water could be found to offend the court's sense of decency.
The motion to amend was granted, Carleton University was removed as a defendant on consent, and the defendant's cross-motion was denied.
