Recently, our Court of Appeal in Frohlick v. Pinkerton Canada Limited has held that the loss of a limitation defence gives rise to a presumption of prejudice. The moving party must show the existence of special circumstances, which rebuts the presumption of prejudice. This is true not only in a motion to add defendants outside of a limitation period but also in a motion to amend the Statement of Claim to add a new cause of action against an existing defendant.[8]
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