The plaintiff, who was injured after falling from scaffolding while doing drywall work at the defendants' home, sought to amend his statement of claim after the expiry of the limitation period.
The original claim was framed in occupiers' liability, alleging acts of omission.
The proposed amendments alleged acts of commission, specifically that the defendant distracted the plaintiff or bumped the scaffolding.
The court dismissed the motion, finding that the amendments raised a new cause of action that was statute-barred, as the plaintiff knew or ought to have known of the facts giving rise to the new claim on the date of the incident.
