The appellants appealed the dismissal of their action for breach of contract and negligent performance regarding the construction of a golf course reservoir.
On appeal, they brought a motion to amend their statement of claim to add a cause of action for negligent misrepresentation, which had not been pleaded at trial.
The Court of Appeal dismissed the motion, finding that the respondents would suffer non-compensable prejudice if the amendment were allowed post-trial.
The appeal was also dismissed, as the trial judge made no error in finding that the respondents complied with the amended agreement and that the agreement did not stipulate an average depth for the reservoir.
