Case Background:

• Incident: Solange Plourde-Gagnon, a resident at Genesis Gardens, was allegedly assaulted by Rondeau, a cook employed at the retirement home, in July 2015. The plaintiff claims improper medical care followed the assault, contributing to her death in 2020.
• Legal Action: Claims include assault, negligence, breach of contract, and fiduciary duty.

Motion:

• The plaintiff sought permission to amend the statement of claim, governed by Rule 26.01 of Ontario's Rules of Civil Procedure.
• The defendants opposed some amendments, arguing they introduced new causes of action outside the limitation period and improperly pleaded evidence.

Key Issues:

• Breach of Fiduciary Duty: The court allowed the amendment, noting the possibility that there is no limitation period for assault claims involving vulnerable, dependent individuals under the Limitations Act, 2002.
• Breach of Contract: The court ruled that the amendment does not introduce a new cause of action as the breach of contract claim arises from the same facts already pleaded.
• Pleading of Evidence: Some proposed amendments, particularly referencing investigations and fines, were considered evidence rather than material facts. Paragraph 35, referencing a regulatory fine, was struck out.

Costs: The plaintiff was awarded $5,000 in costs, considering the simplicity of the motion.