Does Defendant have to amend his statement of defence to include an allegation that there were 200 acres broken on this land?

Saskatchewan, Canada


The following excerpt is from Cross v. Douglas, 1909 CanLII 169 (SK CA):

Defendant has also appealed against the learned trial Judge’s judgment in refusing the amendment asked for by him at the trial. This amendment was to the statement of defence and was to the effect that plaintiffs represented that there were 200 acres broken on this land, and that he was induced to enter into the agreement to purchase by said representation, and claiming damages for the 64 acres unbroken. This amendment was properly refused because it does not contain an allegation of knowledge on the part of the plaintiffs that the alleged representations made by the plaintiffs were untrue: Redgrave v. Hurd (1882), 20 Ch. D. 1, at p. 12, 51 L.J. Ch. 113, 45 L.T. 485, and the proposed defence would be neither a defence to the action nor a ground for a counterclaim. Defendant also asked to have the written agreement rectified to carry out the real agreement between the parties. This was also properly refused, there being no necessity to rectify the written agreement, as the real agreement can be carried out without such rectification.

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