When can a statement of claim be amended after the expiry of the limitation period?
Ontario, Canada
The following excerpt is from Karunakaran v. RBC Insurance, 2013 ONSC 5693 (CanLII):
Proof of the absence of prejudice will not guarantee an amendment to a statement of claim after the expiry of a limitation period. When a change of the parties is sought in those circumstances, the circumstances of all affected parties must be assessed to determine whether or not sufficient special circumstances exist to support the requested amendment. Mazzuca v. Silvercreek Pharmacy Limited, unreported, supra, para. 42.
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