What is the legal test for an application to amend a pleading at the end of a trial?

However, more stringent considerations apply where a party applies to amend pleadings at the end of the trial after the evidence has been heard. In Lam v. Chiu, 2012 BCSC 677 at para. 10, the court set out the following questions to consider on an application to amend pleadings at the end of a trial after the close of evidence: a) is it [the amendment] inconsistent with the pleadings already filed on behalf of the party seeking the amendment; b) is it inconsistent with evidence already tendered by that party and his witnesses at trial and on discovery; c) if it had been asked for at the outset of trial, would it have changed the whole course of the trial; d) would it be unfair to the opposite party; e) is it necessary for the purpose of determining the real issues raised or depending upon the pleadings?