Can a plaintiff amend their pleadings to seek a limitation period on damages?

Manitoba, Canada


The following excerpt is from North American Life Assurance Co. v. Pitblado & Hoskin, 2003 MBQB 109 (CanLII):

Whereas it is clear that the court's discretionary power to amend pleadings is far reaching and can be used to defeat a limitation period where that can be done without injustice, the proposed amendment does not merely elaborate a cause of action which was implicitly pleaded in the statement of claim as was the case in Baer v. Hofer, supra. As already noted, the essential factual background which would entitle the plaintiff to recover damages has not been adequately set forth in the existing statement of claim and there is nothing "special" about the circumstances in which the amendment is sought as articulated in the numerous cases provided.

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