HUNKA v DEGNER, 2012 ABQB 207
GILL J
3.62: Amending pleading
3.65: Permission of Court to amendment before or after close of pleadings
Case Summary
The Plaintiffs brought an Application for leave to amend the Statement of Claim to include alleged oppressive acts by the Defendants. Citing Manson Insulation Products Ltd v Crossroads C and I Distributors, 2011 ABQB 51, Gill J. held that the test for amending pleadings is the same as that under the former Rules: pleadings may be amended, no matter how careless or late the party seeking to amend is, with four exceptions. First, an amendment will not be allowed where it would cause serious prejudice that is not compensable in costs. Second, an amendment will not be allowed if it is hopeless. Third, an amendment will not be allowed where, unless permitted by statute, it seeks to add a new party or new Cause of Action after the expiry of a limitation period. Fourth, an amendment will not be allowed where there is bad faith associated with the failure to plead the amendment in the first instance. If no exception applies, the pleadings can generally be amended. Gill J. granted the Application to amend the Statement of Claim and held that there was sufficient evidence capable of supporting the Plaintiffs’ allegations.
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