Is there any case where a motion for leave to amend was considered only of the existing pleadings and the proposed amendments?

Alberta, Canada


The following excerpt is from Sheckter v. Western Motor Hotels (Edmonton) Ltd., 1985 CanLII 1500 (AB QB):

At page 303 of Ash v. Cutler (supra) Williams, C.J.Q.B., said: "No doubt there have been cases in Ontario and Manitoba where motions for leave to amend have been decided on a consideration only of the existing pleadings and the proposed amendments; but those would be cases where counsel have not taken the objection which was taken in this case."

The effect of Ash v. Cutler (supra) appears to be that in Manitoba an application for leave to amend pleadings must be supported by an affidavit showing that there is merit in the matter sought to be introduced by a proposed amendment. Although there were some rather peculiar aspects to the factual situation in Ash, the court appears to have intended the decision to have wider reach than just the particular situation there existing.

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