Does an amendment to the constitution disclose a new cause of action?
Ontario, Canada
The following excerpt is from French v. H&R Property Management Ltd., 2019 ONCA 302 (CanLII):
The respondents also argue that because the trial judge correctly articulated the applicable test to determine whether an amendment discloses a new cause of action, this court may not interfere with his finding in the absence of an error of law, an error in principle or a palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235. (c) Analysis
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action? (Ontario, Canada)
What is the standard of review for a Master's finding that the amendments constitute a new cause of action? (Ontario, Canada)
What is the test for failing to disclose a reasonable cause of action? (Ontario, Canada)
On a motion to dismiss a claim for failure to disclose a cause of action, is the statement of defence sufficient to accommodate drafting deficiencies? (Ontario, Canada)
What constitutes a radical defect in a plaintiff's cause of action? (Ontario, Canada)
What is the test for disclosing a cause of action in contract? (Ontario, Canada)
Does a motion to dismiss a statement of claim against a defendant in a marriage that was not a good faith marriage constitute a cause of action? (Ontario, Canada)
Is a pleading in paragraph 52 of the Statement of Claim inadequate to disclose a reasonable cause of action? (Ontario, Canada)
What is the test to strike a statement of claim as disclosing no cause of action? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
