When will a separate cause of action be distinct for the purposes of an amendment to pleadings?

Ontario, Canada


The following excerpt is from Bonenfant v. Ponesse, 2021 ONSC 8544 (CanLII):

In French v. H&R Property Management Ltd., 2019 ONCA 302, the same panel that heard the Klassen case explained, at para. 26, when a cause of action will be distinct for the purposes of an amendment to pleadings: However, there is a distinction between pleading a new cause of action and pleading new or alternative relief based on the same facts as originally pleaded. An amendment is not the assertion of a new cause of action where the “original pleading…contains all the facts necessary to support the amendments…[such that] the amendments simply claim additional forms of relief, or clarify the relief sought, based on the same facts are originally pleaded”. [References omitted.]

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