In what circumstances will a defendant be allowed to amend his pleadings?

Alberta, Canada


The following excerpt is from Condominium Corporation No. 022 5840 v. Executive Loft Inc., 2010 ABQB 232 (CanLII):

In Marin v. Rask, 2000 ABQB 931 at para. 14, 282 A.R. 308, Veit J. delineated the four exceptions in which the general rule allowing amendments to pleadings does not apply: [T]here is no amendment where it would create serious prejudice which payment of costs could not repair; there is no amendment where the amendment would be hopeless; there is no amendment where the amendment would add a new cause of action outside the limitation period for suing; there is no amendment where the failure to plead earlier, or the amendment itself, involves bad faith.

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