What is the effect of section 13 of the Statement of Claim late?

Alberta, Canada


The following excerpt is from Udovitch Estate v. Helm Estate, 2002 ABQB 94 (CanLII):

At paragraph 13 this is stated: Therefore, in the first suit the plaintiff should have liberty to move for an amendment of the general sort in question here, subject to the discussion below of evidence and more precise wording. There are two ways that that permission to amend the statement of claim late might be properly justified. One is an exception to the rule against adding new causes of action where there are special circumstances: Basarsky v. Quinlan (1971), 1971 CanLII 5 (SCC), S.C.R. 380, [1972] 1 W.W.R. 303, 24 D.L.R. (3d) 720 (S.C.C.). The second is as a term or corollary of leave to amend the statement of defence in the first suit late. It is not necessary in this appeal to decide which is the better explanation. These two possible rationales differ somewhat from that of the chambers judge.

Other Questions


What is the effect of the amendment to the Statement of Claim in a motor vehicle accident case? (Alberta, Canada)
What is the effect of an order striking out a statement of claim? (Prince Edward Island, Canada)
What is the effect of an amended statement of claim against all defendants except Her Majesty The Queen? (Canada (Federal), Canada)
What is the effect of section 4(1) of the Statement of Claimant's Affidavit to the Court of Appeal allowing the Court to consider any evidence which is not confined to facts which the deponent is able to prove? (Saskatchewan, Canada)
What is the effect of section 39 of the Canadian Defence Code on a claim for damages arising out of or directly connected with military service? (Canada (Federal), Canada)
What is the effect of a draft writ and statement of claim? (British Columbia, Canada)
What are some cases dealing with late service of a statement of claim? (Ontario, Canada)
What is the effect of an application for leave to amend a Statement of Claim? (British Columbia, Canada)
What is the effect of a garnishee summons issued on a statement of claim? (Saskatchewan, Canada)
What is the effect of a motion to strike out a statement of claim? (Prince Edward Island, Canada)