PRACTICE |
Pleadings |
Amendments |
Halford v. Seed Hawk Inc.
T-2406-93
2001 FCT 668, Pelletier J.
15/6/01
13 pp.
Motion for leave to file and serve further amended statements of defence, supplemental affidavits--Plaintiff arguing unfair to introduce substantial changes where trial already commenced--Applicable legal principles recently set out in Visx v. Nidek Co. (1998), 234 N.R. 94 (F.C.A.): amendment should be allowed if can be made without injustice to other side; no injustice if other side can be compensated by costs; if amendment will put them in position where they may be injured, ought not to be made--Motion allowed, but plaintiffs have leave to conduct examination for discovery of defendants' representative on any issue arising out of amended statement of defence or amended affidavit of documents; conduct examinations for discovery of defendant's representative on any matter arising out of other amended statement of defence; file reply responding to any issue arising out of amended statement of defence; file supplemental affidavit responding to supplementary affidavit, providing such affidavit filed in compliance with Federal Court Rules, 1998, r. 279(b); counsel for plaintiffs released from order made at trial prohibiting any discussion of evidence until re-examination had been completed; plaintiffs shall recover reasonable costs thrown away as result of any step taken pursuant to this order in any event of cause--Federal Court Rules, 1998, SOR/98-106, r. 279(b).