The defendant, First Data Canada Ltd. ("FD"), brought a motion for leave to amend its Third Party Claim against Vantiv Integrated Payments entities ("Vantiv").
The proposed amendments included new allegations regarding Vantiv's use of an incorrect merchant ID number and an alleged agency relationship between the plaintiff and Vantiv.
Vantiv opposed, arguing the amendments introduced new, statute-barred causes of action.
The court applied the principles for amending pleadings, emphasizing a generous, factually-oriented approach.
It found that the proposed amendments were additional facts supporting the original negligence claim and part of the same factual matrix, rather than new causes of action, even if some allegations were inconsistent with the original claim.
Leave was granted in part, allowing the amendments related to the merchant ID and agency, but requiring FD to address inconsistent allegations.
