Is a post-certification pleading amendment inappropriate?
British Columbia, Canada
The following excerpt is from Coburn and Watson’s Metropolitan Home v. Bank of America Corporation, 2016 BCSC 2021 (CanLII):
A post-certification pleading amendment is inappropriate where its effect would be to reconstitute the action or bring about a fundamental change to its nature as certified: Maxwell v. MLG Ventures Limited, [1995] O.J. No. 2698 (Ct. J. Gen. Div.) at para. 20.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for an application to amend a pleading to amend the pleadings? (British Columbia, Canada)
Can an amended pleading be amended during trial and after its conclusion of evidence? (British Columbia, Canada)
What is just and convenient to amend the pleadings of a plaintiff's application to amend to include a third piece of property and a water lease? (British Columbia, Canada)
Does the decision not to permit further amendments before striking pleadings before striking the pleadings is discretionary? (British Columbia, Canada)
Is there any need to amend or amend the pleadings of defendants in nuisance or trespass cases? (British Columbia, Canada)
What are some of the most well-known examples of First Amendment arguments in the history of the First Amendment? (British Columbia, Canada)
What is the legal test for amending a pleading? (British Columbia, Canada)
What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)? (British Columbia, Canada)
What is the legal test for amendable pleading? (British Columbia, Canada)
If a formal order is made and delivered as a result of a motion by the Court of Appeal, can the Respondent amend his or her pleading? (British Columbia, Canada)
