What is the test for an application to amend the terms of a counterclaim?
British Columbia, Canada
The following excerpt is from Smithies Holdings Inc. v RCV Holdings Ltd., 2018 BCSC 1831 (CanLII):
Amendment applications by a plaintiff (or a defendant in respect of its counterclaim) may cause one to wonder: Why is the plaintiff changing tack? Has it changed its mind? The law is clear, however, that the party seeking an amendment is not generally required to adduce evidence addressing its state of mind or motivation for seeking the amendment; Mayer v. Mayer, 2012 BCCA 77, rev’g 2010 BCSC 1881 and 2010 BCSC 1882, at para. 184 (B.C.C.A.). What matters is not the applicant’s reason for seeking an amendment now, as opposed to earlier, but whether the respondent will suffer actual prejudice.
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