RatesDotCa Group Ltd. v Trader Corporation
RatesDotCa Group Ltd. (formerly, Kanetix Ltd.)
Law Firm / Organization
Zemel van Kampen LLP
Lawyer(s)

Maanit Zemel

Trader Corporation
Law Firm / Organization
Goodmans LLP
Lawyer(s)

Sarah Stothart

Key Issues:

  • RatesDotCa Group Ltd. (Plaintiff) sought to amend its statement of claim to:
    1. Increase general damages for breach of contract.
    2. Claim punitive or exemplary damages.
    3. Allege a breach of duty of good faith and/or honest performance by Trader Corporation (Defendant).
  • The defendant opposed all but the increase in general damages.

Decision:

  • The court allowed the amendment to increase general damages.
  • The court denied the amendments related to punitive damages and breach of good faith, finding:
    • The proposed amendments introduced a "new cause of action" outside the original claim's facts.
    • These new claims were potentially barred by the Limitations Act, 2002, as the plaintiff did not provide evidence on when it discovered the relevant facts.

Legal Reasoning:

  • Amendment Rules: Amendments are allowed unless they cause non-compensable prejudice or are legally insufficient.
  • The court determined the proposed amendments added new facts not originally included, thus constituting a new, time-barred cause of action.

Costs:

  • The plaintiff was ordered to pay the defendant's costs of $14,000.

Conclusion:

  • The motion to amend was partially granted to increase damages, with other amendments denied.
Superior Court of Justice - Ontario
CV-20-00646962
Civil litigation
$ 14,000
Defendant