Can a motion to amend the pleading to add a new claim have brought the proposed amendments within the limitation period?

While the question of whether launching the motion would have brought the proposed amendments within the limitation period may therefore be moot, it is an important practice point. I am in agreement with the approach articulated by Corbett J. in Moss v. Joseph Brant Memorial Hospital[7]. A new claim is “commenced” within the meaning of the Limitations Act, 2002 when a motion is commenced to amend the existing pleading to add the new claim or to add a new party. To hold otherwise would promote a multiplicity of proceedings because (as was done here) counsel would be forced to commence a second proceeding. That can be done instantly whereas the timing of a decision on whether or not to give leave to amend the pleading is not within the control of the plaintiff.