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November 12, 2022

Doh wishes to amend her statement of claim to add a new claim for breach of contract against Surreal.

Doh wishes to amend her statement of claim to add a new claim for breach of contract against Surreal. The trial is two weeks away and is estimated to run for four days. Each party has served its written evidence (including expert reports). Doh’s explanation for bringing this additional claim now is that her lawyers ‘just thought of it’ as they were preparing for trial. Surreal says that if the statement of claim is amended, it will not have sufficient time before the trial to serve an amended defence in response and to serve any additional evidence to meet the new claim. Advise

Doh on the prospects of being able to amend her statement of claim.

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