Amendments proposed new cause of action based on new set of facts

Ontario civil | Civil Procedure


Amendments proposed new cause of action based on new set of facts

Plaintiffs’ business was destroyed by fire. Plaintiffs claimed they were insured under policy with defendant. Plaintiffs claimed they were not adequately indemnified under insurance policy for losses they sustained. Plaintiffs brought motion for leave to amend statement of claim to add paragraph setting out particulars of negligence, breach of contract and breach of fiduciary duty. Defendant brought cross-motion for summary dismissal of claim based on admissions plaintiffs made during examinations for discovery. Motion dismissed. Cross-motion granted. Claim was dismissed. Amendments proposed new cause of action based on new set of facts and were barred by expiry of limitation period. Claim related to adequacy of limits of coverage placed and all of facts pleaded in support of claim related to failures alleged to have occurred before loss and not after. Proposed amendment would create cause of action in negligence for failing to properly assess plaintiffs’ loss under policy after fire occurred, and not for failing to put in place proper policy of insurance beforehand. Plaintiffs conceded that if plaintiffs’
motion failed, defendant’s cross-motion should succeed.
Lauzon v. Dominion of Canada General Insurance Co. (Mar. 27, 2014, Ont. S.C.J., Ellies J., File No. CV-10-4812) 238 A.C.W.S. (3d) 845.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers

Legal Innovation Zone launches program to help legal tech entrepreneurs turn ideas into businesses

Law Foundation of Ontario forms strategic partnership with Indigenous Peoples Resilience Fund

Ontario Superior Court upholds the College of Physiotherapists’s authority over billing inaccuracies

Housing supply needs more public-private collaboration, less red tape, say lawyers

Judicial vacancies holding up construction litigation: litigators

Most Read Articles

Ontario Court of Appeal resolves access rights between parents and maternal grandparents

Ontario Court of Appeal upholds dismissal of statute-barred personal injury claim

Judicial vacancies holding up construction litigation: litigators

With new federal funding Pro Bono Ontario expanding program for Ukrainian nationals across Canada