PRACTICE |
Pleadings |
Amendments |
Montana Band v. Canada
T-617-85, T-782-97, T-2804-97
2002 FCT 583, Hugessen J.
22/5/02
9 pp.
Motion by plaintiff, Ermineskin Band, seeking leave to further amend statement of claim in action T-2804-97, statements of defence as third party in actions T-617-85, T-782-97, wherein Montana, Samson Bands respective plaintiffs--Case involving three principal actions-- Ermineskin Band already amended statement of claim twice-- Proposed new amendments substantial--Difficult to overestimate importance of changes--Not merely "technical", "housekeeping" matters but go to very basis of Ermineskin Band's claimed rights--No merit to Ermineskin Band's suggestion changes merely "particulars" of claim as presently asserted-- Proposed amendments, if allowed, will require substantial pleadings over by other parties, lengthy additional discovery, either oral, by way of interrogatories--Allowing amendments would make it impossible to hold trial of first phase on scheduled date--Law clear: amendments should be allowed unless cause prejudice which cannot be compensated by award of costs--Present case classic example of such non-compensable prejudice--Motion to amend dismissed--On question of costs, no valid excuse for bringing of motion at such late date--Ermineskin Band shall pay costs of $5, 000 to each of Montana Band, Crown, forthwith, in any event of cause.