Can a plaintiff amend its Statement of Claim against Gowlings to allege a new cause of action after the expiry of the limitation period?
Ontario, Canada
The following excerpt is from Orr v. Metropolitan Toronto Condominium Corporation No. 1056, 2009 CanLII 69104 (ON SC):
It is clear to me that the amendments sought by the Plaintiff do not relate to the existing pleading against Gowlings, but rather assert an entirely different type of claim. Amendments to allege new causes of action after the expiry of a limitation period will not be permitted unless the plaintiff can demonstrate that substantially all of the material facts giving rise to the new cause of action were pleaded in the initial Statement of Claim: Thompson v. Zeldin, [2008]O.J. No.3591 (S.C.J.) This is not the case before me.
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