By Allan Sattin, Q.C. and Barbara E. Cotton

As a file develops counsel may find themselves in the situation where it is necessary to add a claim a pleading, but a limitation period has expired. When considering whether to permit the addition of a claim outside of the limitation period, a court will consider both the factors under a Rule 132 application to amend and s. 6(2) of the Limitations Act.

Rule 132 of the Rules allows amendments to be made to the pleadings at any time. In exercising
their discretion under Rule 132, a court will generally allow an amendment unless:

• it would be seriously prejudicial and cannot be compensated by costs;

• it could be struck as an original pleading (eg: vexatious);

• it does not disclose a cause of action or is unrelated to a cause of action;

• it is not sufficiently particularized; or

• it would be barred under the Limitations Act.

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