Is a motion judge's decision not to grant leave to amend a pleading discretionary?

Ontario, Canada


The following excerpt is from Wakeling v. Desjardins General Insurance, 2021 ONCA 672 (CanLII):

A motion judge’s decision not to grant leave to amend a pleading is discretionary, and an appellate court should not interfere with it unless the motion judge erred in principle or acted unreasonably: Mortazavi v. University of Toronto, 2013 ONCA 655, leave to appeal refused, 2014 S.C.C.A. No. 190, at para. 3.

Other Questions


What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
How has the court considered a motion for leave to appeal a decision of the case conference judge staying a motion to change until outstanding costs have been paid? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
Is a panel's decision not to amend or amend a decision made by the original panel? (Ontario, Canada)
Is a judge who exercises his or her discretion on a motion for leave to appeal making a "conflicting decision" when the circumstances of the case are different than in other jurisprudence? (Ontario, Canada)
In what circumstances will a court grant leave and certification under the CPA and also grant leave to proceed under Part XXIII of the Securities Act? (Ontario, Canada)
Can a party seek to amend or amend their affidavit to support a motion to amend the original document? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
When will a court grant leave to amend a pleading? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.