3.62: Amending pleading
3.65: Permission of Court to amendment before or after close of pleadings
14.12: Contents and format of notices of appeal and cross appeal
14.2: Application of general rules
14.25: Contents of factums
14.37: Single appeal judges

Case Summary

The Appellants applied to amend their Notice of Appeal in order to add relief that was not part of the earlier Notice of Appeal, and to appeal only part of the Trial Decision. Wakeling J.A. considered Rules 14.2(1), 14.12(1)(2), 14.25(1) and 14.37(1), and stated that Rule 14.12(2) sets out the purposes of a Notice of Appeal and mandatory elements. Rules 14.25(1)(c) and (e) establish that the arguments in support of the Appeal are appropriately placed in the Appellant’s factum and oral argument, not the Notice of Appeal. Wakeling J.A. noted that Rule 14.37 grants a single Appeal Judge the jurisdiction to amend a Notice of Appeal. Alternatively, this jurisdiction is granted by Rule 14.2(1), which makes the other Rules applicable where the Appeal Rules do not deal with matters directly. Therefore, Rule 14.2 allows a party to amend the Notice of Appeal pursuant to the Rules governing the amendment of pleadings, namely Rules 3.62 and 3.65.

Justice Wakeling held that the proposed amendments to the Notice of Appeal did not purport to enlarge the scope of the Appeal.  The amendments clarified the Appellants’ intention that they no longer wanted to Appeal against the whole decision, only portions of it. As such, the Application was granted.

View CanLII Details