How have courts dealt with errors in the particulars of a claim?
Alberta, Canada
The following excerpt is from Edwards v. Ferris, 2001 ABQB 1125 (CanLII):
An early decision is Cannan v. Reynolds (1855), 26 L.J.Q.B. 62, 119 E.R. 493. Here the plaintiff made an error in the particulars of its claim, and claimed a lower amount than it intended against some defendants. These defendants were aware of the mistake, and intentionally allowed a default judgment to go for the lower amount. The plaintiff was allowed to open up the default judgment, and amend its pleadings.
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