What is the effect of an application for leave to amend a Statement of Claim?
British Columbia, Canada
The following excerpt is from 287993 B.C. Ltd. et al v. Chartwell Projects, 2006 BCSC 1231 (CanLII):
I find that as the outcome of an application for leave to amend a Statement of Claim determines the claim(s) that a plaintiff will be permitted to pursue in an action, the ruling is final, or at the very least one that addresses a question or questions vital to the final issue: see generally Strauss v. Jarvis, 2005 BCSC 1830 at paras. 7-14. Having reached that conclusion, I am satisfied that this appeal should proceed as a re-hearing.
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