What is the test for adding a new cause of action against an existing defendant?
Ontario, Canada
The following excerpt is from 1186708 Ontario Inc. v Gerstein, 2016 ONSC 1331 (CanLII):
The plaintiffs rely upon the well accepted principle that where a new claim advanced against an existing defendant is made by amendment after the expiry of a limitation period is based on facts which have been substantially pleaded in the original statement of claim issued within the limitation period, no new cause of action is deemed to be added, Thompson v. Zeldin, [2008] O.J. 3591 at paras. 62-67.
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