Key Issues:

• RatesDotCa Group Ltd. (Plaintiff) sought to amend its statement of claim to:
  1. Increase general damages for breach of contract.
  2. Claim punitive or exemplary damages.
  3. Allege a breach of duty of good faith and/or honest performance by Trader Corporation (Defendant).
• The defendant opposed all but the increase in general damages.

Decision:

• The court allowed the amendment to increase general damages.
• The court denied the amendments related to punitive damages and breach of good faith, finding:
  • The proposed amendments introduced a "new cause of action" outside the original claim's facts.
  • These new claims were potentially barred by the Limitations Act, 2002, as the plaintiff did not provide evidence on when it discovered the relevant facts.

Legal Reasoning:

• Amendment Rules: Amendments are allowed unless they cause non-compensable prejudice or are legally insufficient.
• The court determined the proposed amendments added new facts not originally included, thus constituting a new, time-barred cause of action.

Costs:

• The plaintiff was ordered to pay the defendant's costs of $14,000.

Conclusion:

• The motion to amend was partially granted to increase damages, with other amendments denied.