Defendants Refused Leave To Amend Statement Of Defence Less Than Ten Weeks Before Trial Sittings

A recent decision from the Superior Court of Justice stemmed from an incident where the Plaintiff was rear-ended by the Defendant driver. The Defendants brought a motion moving for leave to amend their statement of defence to plead the inevitable accident defence. The Plaintiff opposed the motion on prejudicial grounds, claiming lengthy delay inadequate justification.

The collision occurred in 2017, and the Plaintiffs injuries were later deemed catastrophic. Although the inevitable accident defence was not explicitly claimed in the statement of defence, the Defendants argued that the Plaintiff had notice of this defence from the examinations for discovery, which were in July 2020, where the Defendant driver provided evidence that one of her tires blew just before the collision. Importantly, the Plaintiff's claim would be defeated should the Defendants be permitted to plead the inevitable accident defence.