What is the test for a motion for leave to amend to allege breach of an implied contractual term?
Manitoba, Canada
The following excerpt is from Riverside Realty & Construction Ltd. et al. v. The City of Winnipeg, 2015 MBQB 20 (CanLII):
In all, if the claim in unjust enrichment was not barred by the passage of time and amendment was necessary, I would dismiss the motion for leave to amend in this area. Likewise, considering the factors outlined in Winnipeg, City v. Entegra, I dismiss the motion for leave to amend to allege breach of an implied contractual term. CONCLUSION
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