What is the test for a motion to amend the terms of an amended notice of motion?
Nova Scotia, Canada
The following excerpt is from Shea v. Whalen, 2008 NSSC 422 (CanLII):
I believe that Haley v. Brown, 1990 CarswellBC 1215 (B.C.C.A.), has no application here because the facts are completely and told the different. In that case the defendants sought to amend on the basis of evidence elicited at trial. In this case, the amendment is being sought prior to trial.
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