What is the test for a motion to amend a statement of claim after the expiry of the limitation period?
Ontario, Canada
The following excerpt is from Karunakaran v. RBC Insurance, 2013 ONSC 5693 (CanLII):
At the very minimum it was incumbent upon the plaintiff to include affidavit evidence in support of his motion to amend his statement of claim after the expiry of the limitation period, which revealed the steps taken by his solicitor to obtain information to support his position that he was reasonably diligent and provide an explanation for why he was unable to obtain the information in question: Wakelin v. Gourley et al. 2005 CanLII 23123 (ONSC), para. 14.
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