Plaitis v. Balls of Fun Inc., 2018 ONSC 5126

The Plaintiffs brought a motion for leave to amend their Statement of Claim to allege, amongst other things, an alternative claim for damages for spoliation. Master MacAfee allowed the amendments on the basis that the tort of spoliation was an open question in Ontario and that the Plaintiffs were seeking to add an alternative claim for damages (and were not seeking to plead a rule of evidence as submitted by the Defendant).