The appellant appealed a motion judge's decision refusing him leave to amend his statement of claim to add a claim for constructive dismissal against his former employer.
The motion judge had found the claim was statute-barred under the Limitations Act, 2002, concluding the appellant knew or ought to have known of the claim on the date his lawyer sent a letter indicating his readiness to return to work.
The Court of Appeal allowed the appeal, finding the motion judge's conclusion unreasonable as the employer required a reasonable time to respond to the letter.
The limitation period issue was left for determination at trial.
