Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action?

Ontario, Canada


The following excerpt is from Dugal v. Manulife Financial Corporation, 2011 ONSC 1764 (CanLII):

In Denton v. Jones (No. 2) (1976), 1976 CanLII 831 (ON SC), 14 O.R. (2nd) 382, [1976] O.J. No. 2325 (H.C.), Grange J., as he then was, allowed an appeal from a Master’s decision dismissing a motion to amend the statement of claim on the basis of the expiry of a limitation period. The plaintiff sued a dentist for negligence, alleging that the dentist had been retained to extract certain upper teeth but in fact extracted not only those teeth, but all the plaintiff’s lower teeth as well. The claim was brought in negligence, but the amendment sought to add a claim for trespass to the person. Grange J. expressed some doubt as to whether the amendment of the claim to assert an alternative ground of relief arising out of the same facts amounted to pleading a new cause of action. He concluded, however, that there were “special circumstances” – all the necessary facts had been pleaded, there was no need to re-open discoveries and there was no possible prejudice to the defendants, other than the “inevitable prejudice of what might turn out to be the successful plea”: see para. 8.

Other Questions


Does a motion to dismiss a statement of claim against a defendant in a marriage that was not a good faith marriage constitute a cause of action? (Ontario, Canada)
What is the test for a motion to strike a statement of claim as disclosing no reasonable cause of action pursuant to Rule 21(1b)? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
Is a statement of claim for failing to disclose a reasonable cause of action a material fact? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
Can a plaintiff amend its Statement of Claim against Gowlings to allege a new cause of action after the expiry of the limitation period? (Ontario, Canada)
On a motion to dismiss a claim for failure to disclose a cause of action, is the statement of defence sufficient to accommodate drafting deficiencies? (Ontario, Canada)
On the third ground of a medical malpractice claim, is there a duty of care pleaded which is fatal to the claim? (Ontario, Canada)
Is a pleading in paragraph 52 of the Statement of Claim inadequate to disclose a reasonable cause of action? (Ontario, Canada)
What are the causes of action alleged in the amended statement of claim? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.