What is the test for allowing a motion to amend the Rules of Civil Procedure to include costs?
Saskatchewan, Canada
The following excerpt is from Mitchell v. Miller, 1983 CanLII 2074 (SK CA):
In Beemer v. Brownridge, 1934 CanLII 190 (SK CA), [1934] 1 W.W.R. 545 Turgeon, J.A., said at page 550: Generally speaking, an amendment should be allowed “however negligent or careless may have been the first omission and however late the proposed amendment, if it can be made without injustice to the other side; and there is no injustice if the other side can be compensated by costs.
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