Can a defendant plead to an amendment to the Rules of Civil Procedure?
Saskatchewan, Canada
The following excerpt is from Capital City Bakeries Ltd. v. Martin & Co., 1928 CanLII 188 (SK CA):
Counsel for the defendant submitted that though he had not pleaded to the above amendment within the time allowed by the local Master, namely, October 29, he must, under Rule 243, be deemed to have been relying upon his original defence as an answer to such amendment; in which event, he contended that under Rule 180 the plaintiff would have had eight days from that date in which to deliver his reply to such answer; hence that the pleadings could not properly be deemed to have been closed, under Rules 182 and 183, upon the expiration of such time.* See Boddy v. Wall (1877) 7 Ch. D. 164, 47 L.J. Ch. 112.
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