The plaintiffs sought leave to amend their Amended Statement of Claim to include further particulars regarding the alleged involvement of the Guatemalan police and military in sexual assaults during forced evictions, in addition to private security personnel.
The defendants opposed, arguing the amendments constituted a new cause of action, were unduly delayed, and would cause prejudice.
The court found that the proposed amendments were particulars of existing negligence claims, not a new cause of action, and that no actual or presumed prejudice would result to the defendants.
Leave to amend was granted.
