The defendants brought a motion for leave to amend their Statement of Defence to add a counterclaim and new parties, alleging breach of contract and copyright infringement related to the transfer of intellectual property.
The plaintiffs opposed the motion, arguing the proposed counterclaim was statute-barred.
The court found that the defendants knew or ought to have known the material facts giving rise to the claim more than two years prior to seeking the amendment.
The court dismissed the motion, concluding the claims were statute-barred under the Limitations Act, 2002, and that allowing the amendment would cause non-compensable prejudice to the plaintiffs given the imminent trial date.
