What is the “classic rule” with respect to amendments?

Alberta, Canada


The following excerpt is from Donoghue v. Johnson, 2012 ABQB 295 (CanLII):

What both parties referred to as the “classic rule” with respect to amendments is set out in Balm v. 3512061 Canada Ltd., 2003 ABCA 98, 327 AR 149 at para. 43: The classic rule is that an amendment should be allowed, no matter how careless or late, unless there is prejudice to the other side, and even that is no obstacle if it is repaired...

Other Questions


What is the test for amendment to Rule 132 of the Rules of Civil Procedure? (Alberta, Canada)
Can plaintiffs amend their statement of claim in response to an application under rule 129? (Alberta, Canada)
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure? (Alberta, Canada)
What documents and records need to be disclosed under Rule 186.1 of the Rules of Civil Procedure? (Alberta, Canada)
Is there any case where a motion for leave to amend was considered only of the existing pleadings and the proposed amendments? (Alberta, Canada)
What is the effect of Rule 577.2 of the Rules of Support Guidelines on the basis of marriage? (Alberta, Canada)
How have the courts interpreted Rule 9.13 of the Rules of Civil Procedure? (Alberta, Canada)
What is the purpose of Rule 217 of the Rules of Civil Procedure? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
What is the current test for striking out pleadings under Rule 129 of the Rules of Civil Procedure? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.