The plaintiff brought a motion to amend the statement of claim to increase damages from $1,000,000 to $6,000,000 based on a Future Cost of Care report dated January 27, 2025, and the plaintiff's failure to recover as well as expected following amputation of his arm.
The defendants opposed the motion, arguing that the evidence from discovery did not support the increased damages and that the amendment exceeded their insurance policy limits.
The court granted the motion, finding that all factors under the applicable test favoured amendment and that exceeding policy limits does not constitute non-compensable prejudice.
Costs were awarded to the plaintiff.
