When will a court grant leave to amend a pleading?

Ontario, Canada


The following excerpt is from Baweja v. Royal Auto Collision, 2019 ONSC 7319 (CanLII):

A detailed listing of the factors that Courts should consider when deciding whether to grant leave to amend is set out in McHale v. Lewis (2018 ONCA 1048) where Pardu J.A. stated as follows (at para. 6): (a) the approach that amendments should be presumptively approved unless they would occasion prejudice that cannot be compensated by costs or an adjournment, they are shown to be scandalous, frivolous, vexatious, or an abuse of the court’s process, or they disclose no reasonable cause of action, is relevant to the issue of whether, on a motion to strike a pleading, a court should exercise its discretion to grant leave to amend; (b) leave to amend should properly be given where a pleading can be put right or improved by amendment and no injustice is done thereby; (c) depending on the circumstances of the case, striking out a pleading without granting leave to amend often does little to advance the ends of justice; (d) in disposing of a motion to strike when a recognized cause of action has been improperly pleaded, but can be put right without non-compensable prejudice to the defendants, the preferred route is to afford the plaintiff the opportunity, upon appropriate terms, to plead the cause properly within the action before the court; and (e) the foregoing approach makes practical sense and is in keeping with the objectives set out in rule 1.04, namely that the rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits.

Other Questions


In what circumstances will a court grant leave and certification under the CPA and also grant leave to proceed under Part XXIII of the Securities Act? (Ontario, Canada)
Can a plaintiff continue to serve a jury notice to amend their claim once leave is granted to amend the claim? (Ontario, Canada)
Is a motion judge's decision not to grant leave to amend a pleading discretionary? (Ontario, Canada)
What is the limitation period for filing a motion for leave to amend the pleadings in the other action? (Ontario, Canada)
What is the legal test for leaving a pleading after the close of pleadings? (Ontario, Canada)
How have the courts interpreted a custody agreement where the mother was granted sole custody of the child by the court? (Ontario, Canada)
Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
On a motion to strike out a pleading, can the court strike out the pleading? (Ontario, Canada)
Can a party seek to amend or amend their affidavit to support a motion to amend the original document? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.