Simon's Megalomaniacal Legal Resources

Civil Litigation Dicta - Pleadings - Cause of Action

. SpaceBridge Inc. v. Baylin Technologies Inc.

In SpaceBridge Inc. v. Baylin Technologies Inc. (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal, this from a "finding that an amendment to the Notice of Application was not statute-barred".

Here the court considers the meaning of 'cause of action', here in an pleadings amendment-limitations context:

[31] .... A cause of action, following Lord Diplock’s definition in Letang v. Cooper, [1965] 1 Q.B. 232 (C.A.), at pp. 242-43, is “a factual situation the existence of which entitles one person to obtain from the court a remedy against another person.” As explained in Morden & Perell, The Law of Civil Procedure in Ontario, 5th Ed. (Toronto: LexisNexis Canada, 2024), at para. 2.438:

A new cause of action is not asserted if the amendment pleads an alternative claim for relief out of the same facts previously pleaded and no new facts are relied upon, or amount simply to different legal conclusions drawn from the same set of facts, or simply provide particulars of an allegation already pled or additional facts upon which the original right of action is based.