Is it appropriate for the defence to amend its defence to counterclaim?

Saskatchewan, Canada


The following excerpt is from Canadian Pacific Ltd. v. Paul Morsky Ltd. Ramsay Bird Ltd., Saskatchewan Government, Warner Construction Co. Ltd., 1980 CanLII 2031 (SK QB):

I hereby order that the defence to counterclaim be amended as requested, as I am satisfied that the error arose through inadvertence and that it was incorrect. See Checkik v. Bronfman et al., 1924 CanLII 175 (SK CA), [1924] 2 W.W.R. 1165.

Other Questions


Can a litigant refuse to amend his defence that a claim is statute barred? (Saskatchewan, Canada)
What are the elements of the defence in the defence of duress? (Saskatchewan, Canada)
When can a defence be amended after the time contemplated under Rules 240 and 241? (Saskatchewan, Canada)
Can a statement of defence be amended to reflect the decision of the board of arbitration? (Saskatchewan, Canada)
What is the test for a defence in a defence where there is no plea of justification? (Saskatchewan, Canada)
After a judgment has been entered, can the judge amend or amend it? (Saskatchewan, Canada)
Does Defendant have to amend his statement of defence to include an allegation that there were 200 acres broken on this land? (Saskatchewan, Canada)
What are the defences set up in the statement of defence? (Saskatchewan, Canada)
What is the basis for a proposed amendment to the statement of defence of champerty and maintenance? (Saskatchewan, Canada)
In what circumstances will a plaintiff be permitted to amend his statement of claim to include an amendment to the original claim? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.