How have courts interpreted a motion to amend a statement of claim to include "waiver of tort" as a cause of action?
British Columbia, Canada
The following excerpt is from Pro-Sys v. Microsoft, 2010 BCSC 285 (CanLII):
Reid v. Ford Motor Co., 2006 BCSC 712, involved a motion to amend a statement of claim to include a cause of action in “waiver of tort” in a products liability case involving indirect purchasers. Gerow J. held that the elements of unjust enrichment, which would be required to be proven for any waiver of tort claim, could not be satisfied in the case of indirect purchasers because prior unjust enrichment claims only permitted recovery when a benefit was conferred directly and specifically on the defendant, such as goods or services purchased by the plaintiff from the defendant. (See Peel (Regional Municipality) v. Canada, 1992 CanLII 21 (SCC), [1992] 3 S.C.R. 762 at 797, 98 D.L.R. (4th) 140.)
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