Can a motion to add a defendant after 26 days of discovery be made?

In another case, Leclair v. Ontario (Attorney General) [2008] O.J. No. 2428 (ONSC) then Master Beaudoin held, in an action that involved a motion to add a defendant after 26 days of discovery had already been conducted and after the proposed defendant had been examined as a non-party, without independent legal counsel, and without any indication that he may later be added as a party. This case is clearly distinguishable, as the prejudice in Leclair arose because the proposed defendant was misled as to his involvement as a witness and because he was excluded from partaking in the extensive discoveries as a party. This is far more serious than, as here, failing to have one further piece of information which could potentially be used in negotiations. In addition, the court in Leclair held that there was a presumption of prejudice if a person takes part in litigation on the understanding that they are simply a witness and then steps are subsequently taken to add them as a party to the litigation.