1664992 ALBERTA LTD v 1260055 ALBERTA LTD, 2016 ABQB 732

Master smart

3.65: Permission of Court to amendment before or after close of pleadings

Case Summary

The Plaintiffs applied to amend their Statement of Claim to add more specific allegations of misrepresentation against the existing Defendants, and to add two additional Defendants.

Master Smart considered Rule 3.65, which gives the Court jurisdiction to amend Pleadings. Master Smart noted that the Rule provides that generally, any Pleading may be amended no matter how careless or late, subject to four major exceptions: the amendment would cause serious prejudice to the opposing party, not compensable in costs; the amendment is hopeless; the amendments seeks to add a new party or new cause of action after the expiry of a limitation period; and there is an element of bad faith associated with the failure to plead the amendment in the first instance.

Master Smart allowed the proposed Amendment to add specific allegations of misrepresentation in part. The proposed Amendment to add additional Defendants was denied, as the requested Amendment was hopeless.

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