What is the test for an application to amend the pleadings of a motion to amend it?

Nova Scotia, Canada


The following excerpt is from Ford v. Kennie and Attorney General (NS), 2002 NSSC 51 (CanLII):

Counsel also references the decision of Justice Saunders (as he then was), in Cormier v. Saxon (1991), 105 N.S.R. (2d) (395), where, at para. 3, he provided a distillation of the principles applicable on applications to amend of pleadings: 1. That the court does have a wide discretion on an application brought to amend pleadings. 2. That there appears to be a clear tendency of the courts to allow amendments where there would be no injustice, so that all issues are then placed before the trier of fact. 3. That there is no injustice where the other party would have the opportunity to meet the case against him or her or it, if the amendment were granted. 4. That there will be no injustice if the other party can be adequately compensated with costs.

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