What is the test for a motion to amend the limitation period on a personal injury claim?

Nova Scotia, Canada


The following excerpt is from Shea v. Whalen, 2008 NSSC 422 (CanLII):

In Garth v. Halifax (Regional Municipality), 2006 NSCA 89, 2006 CarswellNS 316, Cromwell J.A. (as he then was), said, at para. 30: The discretion to amend must, of course, be exercised judicially in order to do justice between the parties. Generally, amendments should be granted if they do not occasion prejudice which cannot be compensated in costs.... However, the expiry of the limitation period is a strong signal of the risk of injustice to the defendant if the amendment is granted. The court must consider all relevant matters which may include, but are not limited to, the length of the delay in asserting the claim and the reasons for it, how closely the new claim is connected to the claim originally pleaded and the nature and extent of any prejudice resulting from the claim being asserted now as opposed to before the limitation period expired.

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