What are the factors to consider in an application to amend a pleading?

British Columbia, Canada


The following excerpt is from Sommer v. Coast Capital Savings Credit Union, 2013 BCSC 881 (CanLII):

The factors to be considered with respect to an application to amend pleadings were discussed in Chouinard v. O’Connor, 2011 BCCA 161, citing with approval the trial judge’s statement of factors at para. 11: The factors to be considered in all amendment applications are applicable in this case as well. General principles are these: 1. amendments should be permitted as necessary to determine the real question and issues between the parties; 2. the party is not required to [adduce] evidence in support of a pleading before trial; 3. on an application to amend, the facts alleged are taken as established; and 4. the discretion is to be exercised judicially in accordance with the evidence adduced and the guidelines of the authorities.

Other Questions


What is the test for an application to amend a pleading to amend the pleadings? (British Columbia, Canada)
What are the factors the court should consider on a pleadings amendment application? (British Columbia, Canada)
What is the effect of an application to amend the pleadings of the First Application? (British Columbia, Canada)
Is an application to amend the pleadings before the application to strike the claim is heard? (British Columbia, Canada)
What is the first factor under section 16.92 of the BCCA Act, s.16.92, and what factors will the court consider in deciding a relocation application? (British Columbia, Canada)
What is just and convenient to amend the pleadings of a plaintiff's application to amend to include a third piece of property and a water lease? (British Columbia, Canada)
Is there any need to amend or amend the pleadings of defendants in nuisance or trespass cases? (British Columbia, Canada)
What factors will be considered in deciding whether to bring an application for summary trial? (British Columbia, Canada)
What are the factors that a judge must consider in determining the best interests of the child in a custody application? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.