2008 June 3

Atlantic International Trade Inc. (c.o.b. Soltani & Associates) v. Georgian College of Applied Arts and Technology, [2008] O.J. No. 2385.

The Ontario Superior Court of Justice allowed the amendment of a statement of claim to join an individual plaintiff (the principal and operating mind of the corporate plaintiff) notwithstanding the expiry of the statutory limitation period. The defamation clearly involved the plaintiff personally; the new plaintiff had been named for discovery as the corporate defendant’s representative and was questioned by the defence about injury to his personal reputation; and defence counsel had appeared to encourage the amendment. The court held that the amendment was not a new cause of action; it merely clarified that it was the individual and not his company who seeks damages.