Visx Inc.v. Nidek Co. Ltd.
A-313-98
Sexton J.A.
20/11/98
3 pp.
Appeal from order refusing right to amend statement of defence, counterclaim-Defendant having already amended statement of defence on at least five different occasions-Amendment should be allowed if can be made without injustice to other side-No injustice if other side can be compensated by costs-Amendment herein allowed on certain terms-Plethora of interlocutory proceedings preventing it proceeding to trial in reasonable time-Many proceedings unnecessary-Counsel to focus on interest of clients by seeking final resolution of issues by proceeding to trial or by settlement-Appeal allowed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.