Rule Details
PEMBINA GAS SERVICES LTD v FOCUS CORPORATION
Rules Discussed
- Rule 3.62 Amending pleading
- Rule 3.65 Permission of Court to amendment before or after close of pleadings
- Rule 3.74 Adding, removing or substituting parties after close of pleadings
Case Summary
The Applicant, Pembina Gas Services Ltd., sought two Orders permitting amendments to its pleadings pursuant to Rules 3.62(1)(b)(i) and 3.74(2)(a), as well as 3.62(1)(b)(ii) and 3.65(1). Specifically, the Applicant sought to amend the Statement of Claim to add Pembina Pipeline Corporation (“PPC”), a closely related corporate affiliate of the current Plaintiff, as a Plaintiff. The Applicant also requested permission to make other amendments to the Statement of Claim related to evidence discovered during the proceeding. PPC consented to the Application. The Respondent opposed the Application on the basis that it would be prejudiced by the amendments.
The Application was allowed subject to the following conditions: a) that the Applicants provide the Respondents with particulars regarding the respective Claims of the Plaintiffs within 45 days and b) that PPC be bound by the terms of the Settlement Agreements that the Applicant had entered into.
Justice Carruthers opined that there is a strong presumption in favour of allowing amendments unless the responding party demonstrates a compelling reason not to. Further, the Court held that the Respondents failed to prove that they would be prejudiced by the amendments and that any such prejudice established at Trial can be compensable by costs. The amendments were held to be necessary and desirable to ensure the effective enforcement of the Claims.
Further, Carruthers J. held that the proposed amendments were not barred by the Limitations Act, RSA 2000, c L-12, pursuant to Section 6 of that Act.
Justice Carruthers permitted the Application on the basis that the low evidentiary threshold for amendments was met.