What is the test for determining whether a proposed amendment to the Rules of Arbitration for Arbitration would be prejudicial?
British Columbia, Canada
The following excerpt is from St. Pierre v. Chriscan Enterprises Ltd., 2013 BCSC 2251 (CanLII):
The arbitrator in this case exercised the discretion he had to determine whether the delay that might be occasioned by the proposed amendment would be prejudicial. He concluded that it was. Moreover, both parties relied on Virk v. Brar, 2011 BCSC 301. In that case, Adair J. noted at paras. 5 and 6 that:
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