The Plaintiffs applied to have their Statement of Claim amended after the close of pleadings, pursuant to Rules 3.62 and 3.65. Mahoney J. recognized that the Courts have previously held that the test for amending pleadings is the same as it was under former Rule 132. An amendment should be allowed, no matter how careless or late, unless there is prejudice to the other side, and even that is no obstacle if the harm can be repaired.

The Defendant argued that the amendments should not be allowed because they were hopeless.  Mahoney J. held that a proposed amendment is not hopeless if it raises a triable issue and there is a modest degree of evidence in support of it. The Application to amend the Statement of Claim was granted.