Can a litigant refuse to amend his defence that a claim is statute barred?
Saskatchewan, Canada
The following excerpt is from Johnson v. Board of Governors of Regina General Hospital, Ficke and Jugdeo, 1981 CanLII 2280 (SK QB):
It is settled practice to refuse an amendment which would divest a litigant of his defence that a claim is statute barred. This strict principle can be avoided where special circumstances are shown (see Basarsky v. Quinlan et al., 1971 CanLII 5 (SCC), [1972] 1 W.W.R. 303). The plaintiff contends that particular circumstances exist here.
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