PRACTICE |
Pleadings |
Amendments |
Merck & Co., Inc. v. Apotex Inc.
T-2792-96
2003 FCT 159, Noël J.
13/2/03
13 pp.
Appeal of order by prothonotary granting defendant leave to file another amended statement of defence and counterclaim--Whether prothonotary exercised discretion based on wrong principle or misapprehension of facts--Court found same test applies regardless of type of amendment, including withdrawal of admission by amendment, and regardless of stage of proceedings--Prothonotary's decision not determinative of final issue of case because final determination of new amended allegations will occur at trial-- Timeliness of motion to amend one factor to weigh, but late amendments herein not prejudicial, and outweigh interests of justice if amendment allowed--Prothonotary not improperly exercising discretion in allowing amendment--Motion dismissed.