If the amendment is proposed after the expiry of a limitation period, there is a prima facie presumption of prejudice. Suche J. in Zadworny v. Manitoba (Attorney General) stated: 22 When an amendment, particularly if it involves the addition of a party, is sought outside a statutory limitation period, there is a prima facie presumption prejudice that arises [sic]. However, if can be demonstrated [sic] that the defendant or proposed defendant has not suffered actual prejudice, courts will, in certain circumstances, allow the amendment.
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