BELACHEWU v GEBREMARIAM

This decision arose in the context of an interlocutory Injunction Application brought during a dispute over the governance of a church in Edmonton (the “Church”). During the hearing, the Applicants sought leave to amend their Originating Application to add a claim for the winding up of the Church, pursuant to section 25 of the Religious Societies’ Land Act, RSA 2000 c R-15. The Respondents opposed the amendment, arguing that winding up had not been pleaded and the Applicants had failed to adduce evidence supporting the proposed amendment.

Justice Kraus considered the Court’s authority to permit amendments in proceedings commenced by Originating Application. The Court noted that Rule 3.12 permitted the Court to direct that Rules applicable to Actions commenced by Statement of Claim apply to proceedings commenced by Originating Application. Kraus J. noted that Rules 3.62 to 3.67 governed amendments to pleadings, and nothing in the Rules precluded amendments to an Originating Application. Further, the Court concluded that filing of a new Originating Application would only cause further delay. Therefore, in principle, the Court found no issue with allowing an amendment to an Originating Application.

Justice Kraus reiterated that amendments are generally permitted where they would not result in prejudice to the opposing party. The Court concluded that the Affidavit evidence already before the Court provided a sufficient factual basis for the new proposed claim, and that the Respondents would suffer no prejudice if the amendment was allowed.

Accordingly, the Court granted leave to amend the Originating Application to add a claim for the winding up of the Church.