The dispute centers on the construction of a building complex in Halifax.
QM initiated the lawsuit on December 23, 2020.
Gamma filed a lien action, and QM and others filed additional actions.
Motion:
Gamma's Request: To amend their defense and add a counterclaim against QM.
QM's Opposition: Argued the counterclaim is time-barred by the Limitation of Actions Act, SNS 2024, c. 35.
Key Legal Points:
Rule 83.11: A judge may permit an amendment after the expiry of a limitation period if the material facts are pleaded, and the amendment identifies or better describes the cause.
Section 22(b) of the Limitation of Actions Act: Allows a claim to be added if it relates to the original pleadings and the defendant has sufficient knowledge of the claim within the limitation period.
Decision:
Ruling: The motion to amend was granted.
Reasoning:
The material facts were already pleaded in Gamma's original defense.
No evidence of bad faith or non-compensable prejudice by QM.
Gamma's amendments meet the requirements of Rule 83.11(3) and Section 22(b) of the Act.
Costs:
Gamma awarded $1,000 inclusive of disbursements.
Amended pleading to be filed by April 15, 2024.
Conclusion:
The court allowed Gamma to amend its defense and add a counterclaim, considering the procedural rules and absence of demonstrated prejudice to QM.
