Does the conduct of a party seeking to amend their statement of claim at the time of the application is relevant to whether there are special circumstances?

The conduct of the party seeking to amend the statement of claim and the knowledge of his or her counsel at the time of the commencement of the proceedings are relevant to whether there are special circumstances: Mazzuca v. Silvercreek Pharmacy Ltd., supra, at para. 40. In Mazzuca, Cronk, J.A. stated at para. 42: At the same time, proof of the absence of prejudice will not guarantee an amendment. Rather, when a change of parties is sought after the expiry of a limitation period, the circumstances of all affected parties should be examined to determine, on the facts of the individual case, whether sufficient special circumstances are present to support the requested amendment. In those cases where leave is sought to add, delete or substitute a new party, the examination of special circumstances involves consideration of the knowledge of both the moving party and her agents at the time of the commencement of the proceedings regarding the proper parties to be named and of the opposing party in relation to the nature of the true claim intended to be advanced.