What is the legal test for leaving a pleading after the close of pleadings?
Ontario, Canada
The following excerpt is from PBW High Voltage Ltd. v. Metrolinx, 2021 ONSC 6715 (CanLII):
Leave of the court is required to amend a pleading after the close of pleadings. Rule 26.01 of the Rules of Civil Procedure, RRO 1990, Reg 194 provides that the court shall grant leave to amend unless it would result in non-compensable prejudice. Factors to be considered in granting leave to amend include if there is injustice that is not compensable in costs, if the proposed amendment is an issue worthy of trial and prima facie meritorious, if the amendment would not be struck had it been pleaded originally, and if there are sufficient particulars: Marks v. Ottawa (City), 2011 ONCA 248 at para. 19.
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