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. 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.
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