OKEKE v COYLE, 2026 ABKB 475

The Applicant applied to amend her Statement of Claim arising from an incident at the Calgary International Airport involving WestJet employees and Calgary Police Service (“CPS”) officers (the “Incident”). The proposed amendments added claims of defamation, conspiracy, and retaliation, substituted unnamed Defendants for identified individuals, expanded the alleged injuries, and increased the damages claimed. WestJet opposed portions of the amendments and sought particulars, including of the proposed defamation and conspiracy claims.

WestJet argued the proposed amendments were deficient because the Applicant did not plead the material facts and particulars required by law and Rule 13.7. Justice Silver accepted that the proposed pleading was deficient.

Silver J. permitted the Applicant to amend the Statement of Claim to add the identified WestJet employees, the additional injuries, and the claim in conspiracy against WestJet and CPS. The claim in defamation was permitted only with respect to specific statements arising from the Incident and not to comments made during litigation which would be subject to privilege.

The Court therefore allowed the amendments in part but imposed pleading-related conditions. The Applicant was required to serve and file a further Amended Statement of Claim that properly pleaded the permitted claims, corrected numbering errors, and consistently identified the Defendants in relation to each claim. Justice Silver also directed that any conspiracy pleading must set out the material facts necessary to support the alleged agreement, unlawful conduct, and resulting damage.

Silver J. allowed the claims that were not hopeless; however, claims based on facts materially different than those in the original Statement of Claim were not permitted. WestJet’s Application for particulars was allowed in part.