Can a plaintiff amend their notice of action without the permission of the court?

Nova Scotia, Canada


The following excerpt is from Wamboldt Estate v Wamboldt, 2018 NSSC 163 (CanLII):

The plaintiff is out of time to amend the notice of action without the permission of the court. Civil Procedure Rule 83 provides the court with the discretion to allow the amendment of a notice of action and statement of claim at any time. The amendment will be granted unless the defendant shows that the applicant is acting in bad faith, or that the other party will suffer prejudice that cannot be compensated in costs (Canada Life Assurance Company v. Saywood, 2010 NSSC 87).

Other Questions


What is the test for a motion to amend the terms of an amended notice of motion? (Nova Scotia, Canada)
Is there any respect for a plaintiff's choice of forum when the court declines jurisdiction? (Nova Scotia, Canada)
Can a party to an action for service ex juris and challenge jurisdiction without attorning? (Nova Scotia, Canada)
What is the technical jargon and scientific jargon used by a plaintiff in a medical malpractice action? (Nova Scotia, Canada)
Is a court bound by the principles of law to award costs in a personal injury action? (Nova Scotia, Canada)
What is the role of the Court of Appeal in determining the standing of a plaintiff in a sexual assault case? (Nova Scotia, Canada)
What is the impact of a finding that a class action is not the preferable procedure for bringing an individual action? (Nova Scotia, Canada)
What is the test for an application to amend the pleadings of a motion to amend it? (Nova Scotia, Canada)
What is the burden of proving a plaintiff’s failure to mitigate in a wrongful dismissal action? (Nova Scotia, Canada)
What is the jurisdiction of a court to hear an action under the provisions of the Partition Act? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.