Background:

• Incident: Laurie Ponto’s Wetaskiwin home suffered water damage in July 2013. Her insurer, Wawanesa, initially accepted the claim but disputes arose over the extent of repairs needed, particularly related to alleged mold and asbestos contamination.
• Legal Action: Ponto filed a Statement of Claim in 2015 for $50,000 plus additional damages. She later sought to amend the claim to include negligence and raise damages to nearly $1 million.

Court’s Decision:

• Amendments Granted: Limited to grammatical corrections and detailing specific damages, as sufficient evidence was provided.
• Amendments Denied: Claims for mold, asbestos contamination, business interruption, and negligence were disallowed due to insufficient evidence. The court found these amendments “hopeless,” noting no conclusive proof of health impacts or losses tied to the alleged contamination.
• Business Interruption: Not covered under Ponto’s insurance policy.
• No monetary award specified.

Rationale:

• Evidence Standard: The court determined that while some evidence was presented, it did not meet the threshold required to substantiate the expanded claims.
• Prejudice: Despite significant delays (over 11 years), the litigation was not near trial, so limited amendments were allowed without undue prejudice to Wawanesa.

Next Steps: Ponto must file a revised Statement of Claim and a joint litigation plan by January 31, 2025.