Can plaintiffs amend their statement of claim in response to an application under rule 129?
Alberta, Canada
The following excerpt is from Edwards v. Fisher, 2007 ABQB 666 (CanLII):
[18] The defendants have raised two issues. First, they say that the plaintiffs cannot amend their statement of claim in the face of an application under rule 129. Second, they say that the plaintiffs are claiming for losses they sustained as a result of their interests in various corporate entities and this offends the rule in Foss v. Harbottle. The amended statement of claim, the defendants say, does not establish a personal cause of action. Analysis Should the amendments to the statement of claim be permitted to stand?
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