What factors will be considered in deciding whether to allow an amendment that sets out a new cause of action?
British Columbia, Canada
The following excerpt is from Malak v Hanna, 2019 BCSC 2257 (CanLII):
Factors to be considered in deciding whether to allow an amendment that sets out a new cause of action include the extent of the delay, the reasons for the delay, any explanation put forward to account for the delay, the extent of prejudice caused by the delay and the extent of the connection, if any, between the existing claims and the proposed new cause of action: Chouinard at para. 20, referring Letvad v. Fenwick, 2000 BCCA 630.
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