Can a party amend their pleadings to add new claims based on new factual allegations?
British Columbia, Canada
The following excerpt is from Pouliot v. UBC, 2017 BCPC 275 (CanLII):
With respect to cases where a party seeks to add new claims based on new factual allegations, the court held in Shamrock Fencing that an amendment should not be permitted if the limitation period has expired. The court noted that where a new cause of action arises from a factual matrix different from that alleged in the original pleadings, the court must not allow an amendment which would have the effect of depriving a defendant of a limitations defence. On that point the court relied on Pootlass v. Pootlass, [1999] B.C.J. No. 466.
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