What is the test to amend a pleading?

Alberta, Canada


The following excerpt is from Precision Forest Industries Ltd v East Prairie Investments Corp, 2018 ABQB 489 (CanLII):

As noted, the amount of evidence required to justify an amendment is low. It is not necessary for the amending party to show that the amended pleading can be proven at trial, nor that it meets the test for summary judgment. In Balm v. 3512061 Canada Ltd., 2003 ABCA 98 at para. 29, 14 Alta LR (4th) 221, 327 AR 149 it was said that "a modest degree of evidence justifies an amendment to pleadings". Evidence may be sufficient to support an amendment even if contradictory evidence is presented: Balm at para. 15. Even though the test is low, it is not necessarily met by producing "one piece of evidence on each point". However the test is formulated, the decision of the chambers judge as to whether the standard has been met is entitled to deference.

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