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:
- 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;
- better particulars of the claims already made;
- a correction of errors in the original pleading; or
- 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.