What is the legal test for granting an amendment to a limitation period for a new cause of action?
British Columbia, Canada
The following excerpt is from Xie v Lai, 2021 BCSC 923 (CanLII):
In Letvad v. Fenwick, 2000 BCCA 630 at para 29, the court found that the discretion to grant an amendment after expiry of a limitation period must be exercised judicially, in accordance with the evidence adduced and such guidelines as may appear from the authorities, which include: • the extent of the delay; • the reasons for the delay; • any explanation put forward to account for the delay; • the degree of prejudice caused by delay; and • the extent of the connection, if any, between the existing claims and the proposed new cause of action.
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