The moving party sought leave to amend his statement of defence and counterclaim to add a new defendant to the counterclaim.
The proposed defendant opposed the motion, arguing that the claims against him were statute-barred by the two-year limitation period.
The court found that it was not plain and obvious that the limitation period had expired, as there was a reasonable argument regarding when the claims were discoverable.
The motion was granted, with leave for the new defendant to plead a limitation defence.
