In respect of the amendment to allege gross negligence, this would not be statute barred in the circumstances of this case because the amendment to expressly claim gross negligence was not strictly necessary: Bains v. Green, 2012 BCSC 1733 at para. 46, following Bukmeier v. Creyke, [1998] B.C.J. No. 1319, 19 C.P.C. (4th) 31.
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