It is now well recognized that where the factual underpinnings in the statement of claim disclose the facts and issues upon which the proposed amendments can be based (the factual foundation), amendments will generally be allowed so long as any prejudice to the opposite party can be equitably addressed by way of an award of costs and/or an adjournment. See Basarsky v. Quinlan, 1971 CanLII 5 (SCC), [1972] S.C.R. 380. If the amendments requested would permit a cause of action to be set up which, at the date of the amendment, would be barred because of the expiry of the limitation period, such an amendment may only be allowed under “special circumstances”. V. ANALYSIS A. DO THE AMENDMENTS ADD A CAUSE OF ACTION?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.