PRACTICE |
Pleadings |
Amendments |
Noade v. Blood Tribe
T-2243-95
2002 FCT 2011, Hargrave P.
20/11/02
11 pp.
Application to amend statement of claim to add party, new elements to action begun as judicial review proceeding-- Propriety of adding Blood Tribe Membership Tribunal as party--Addition of party governed by Federal Court Rules, 1998, r. 104 providing addition of party if party ought to have been joined; presence necessary to ensure all matters effectually, completely determined--Tribunal ought not from common law point of view, to become a party under first branch of r. 104--As to second branch of r. 104, addition of party not necessary, as statement of claim, particularly as amended, makes clear nature of proceeding--Therefore, no need for Tribunal to participate in proceeding--Whether to allow amendment to statement of claim--According to established law ought not to prejudge whether amendments will be successful or not but instead ought to allow amendment, so long as assisting in focusing or particularizing point in issue, and as long as amendment will not prejudice other side--As set out in Shubenacadie Indian Band v. Canada (Minister of Fisheries and Oceans) (2001), 202 F.T.R. 30 (F.C.T.D.), nothing in Federal Court Act, s. 18.4 prevents applicant from adding new claims or new parties to an action--Rules of Court very generous in respect of amendments--Effect of amendments not prejudicial to defendants therefore allowed--However, amendment to add Blood Tribe Membership Tribunal denied--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.4 (as enacted by S.C. 1990, c. 8, s. 5)--Federal Court Rules, 1998, SOR/98-106, r. 104.