The Second Motion Judge concluded «In my view, it is essentially an
alternative theory
of liability for the same complaint... I agree with the Plaintiffs that the Amended Claim does not advance a «new cause
of action» for the
purposes of the Limitations Act and under normal circumstances an
amendment would be permissible under Rule 26.01 [
of the Rules
of Civil Procedure, R.R.O. 1990, Reg.