Can a defendant amend his statement of defence after the close of trial?

British Columbia, Canada


The following excerpt is from Macdonald v. Macdonald, 1996 CanLII 1360 (BC SC):

47 In Watt and Mazza v. Miller, [1950] W.W.R. 1144 (B.C.S.C.), the defendant sought to amend his statement of defence apparently after the close of plaintiff's case but before the end of the trial. Wilson J. concluded that the defence had taken the plaintiff by surprise and decided as follows: I have decided to allow the amendment asked, but upon these terms: (1)That the plaintiffs will have their costs of the amendment. (2)The plaintiffs may have a new examination for discovery, at the cost of the defendant. (3)There may, at the call of the plaintiffs, be a further hearing on which hearing the plaintiffs may: (a) Call such further evidence as is relevant and admissible, including recalling any witnesses already heard; (b) Recall for cross-examination any of the defendant's witnesses. All of the costs of such a further hearing will, whatever the result of the trial, be costs to the plaintiff.

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