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The High Court has granted the plaintiff leave to amend their statement of claim to include allegations of fraudulent misrepresentation and deceit, based on new evidence from an expert report. The court adopted a liberal approach, emphasizing the necessity of the amendments to address the real questions of controversy in the litigation. The amendments were deemed clear, precise, and necessary for determining the issues at hand, without causing prejudice to the defendant.
amendment of statement of claim, fraudulent misrepresentation, deceit, expert report, O.28 RSC (Rules of the Superior Courts), O.19 r.5(2) RSC, particularity requirements, discovery process, prejudice, trial preparation, limitation periods, real questions of controversy, liberal approach to amendments.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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