Can pleadings be amended where one party has made an important concession to the other?
Ontario, Canada
The following excerpt is from Lerus v. Vilgrain, 2020 ONCJ 77 (CanLII):
In Singal v. Singal, 2019 ONSC 2758, Shore J. refused to permit pleadings to be amended where a party had made an important concession, only for the other to ask to amend pleadings after that concession had been made.
"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 are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
Can a party seek to amend or amend their affidavit to support a motion to amend the original document? (Ontario, Canada)
Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings? (Ontario, Canada)
Can an examining party go beyond the pleadings of a claim or defence that has not been pleaded? (Ontario, Canada)
Can a motion to amend the pleading to add a new claim have brought the proposed amendments within the limitation period? (Ontario, Canada)
Does an amendment to a pleading re-opens the pleadings for the delivery of a jury notice? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
What is the test for a party to amend their pleading? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
What is the obligation of a party moving for an order that will affect the rights of the absent party to make full and fair disclosure of all material facts? (Ontario, Canada)
