Can a motion to amend a pleading be allowed?
Ontario, Canada
The following excerpt is from Lerus v. Vilgrain, 2020 ONCJ 77 (CanLII):
In Moghimi v. Dashti, 2016 ONSC 2116, Myers J. summarized certain applicable legal principles respecting motions to amend pleadings under rule 11(3). At ¶ 26, he held that rule 11(3) requires that a motion to amend be allowed unless: (a) The amendment would cause an unjust process that cannot be fixed by an adjournment or costs; (b) The amendment proposed is untenable (ie. not properly pleaded and no prima facie meritorious in law); or (c) The amendment is made in bad faith.
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