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Beauchamp v. Gervais: Dunphy J. clarifies when an amendment is not a new cause of action for the purposes of the limitation period

By Dentons Limitations Law Group
December 1, 2015
  • Amending Pleadings
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It is trite that a pleading cannot be amended to assert a new cause of action if the cause of action is statute-barred.  In Beauchamp v. Gervais, 2015 ONSC 5848, Justice Dunphy set out types of permissible amendments that will not qualify as a new cause of action:

  1. an alternative claim for relief, or a statement of different legal conclusions based on no new facts or not going beyond the factual matrix from which the original claim arose;
  2. better particulars of the claims already made;
  3. a correction of errors in the original pleading; or
  4. the assertion of a new head of damage arising from the same facts.

If the amendments cannot be characterized in one of these ways, the amendments will not likely be permitted.

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The Limitations Law Blog contains summaries of the latest developments arising from appellate and lower court decisions on limitations law in Ontario. Subscribe today and be one of the first to receive our insights on recent limitations law developments in Ontario.

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