QUALEX-LANDMARK TOWERS INC v 12-10 CAPITAL CORP, 2023 ABKB 109
3.65: Permission of Court to amendment before or after close of pleadings
3.74: Adding, removing or substituting parties after close of pleadings
6.14: Appeal from master’s judgment or order
Justice Nixon considered an Appeal of an Application Judge’s Decision, pursuant to Rule 6.14 of the Rules, related to the Applicant’s failure to obtain an Attachment Order. Further, the Applicant also sought to amend the Statement of Claim in the Action.
In considering the Appeal pursuant to Rule 6.14, Justice Nixon analyzed the underlying facts related to the Attachment Order and ultimately allowed the Appeal.
With regards to the Application to Amend the Statement of Claim, Justice Nixon noted that amendments to Pleadings are typically easily obtained pursuant to Rules 3.65 and 3.74. After identifying the common law test to amend the Pleadings, Justice Nixon concluded that, given the facts in the dispute and the current state of the law, the test was met and that accordingly the Pleadings could be amended.View CanLII Details