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).
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