What is the test for making an amendment to the limitation period in a personal injury proceeding?
Alberta, Canada
The following excerpt is from Telus Communications Inc. v. Alberta (Municipal Affairs), 2010 ABQB 136 (CanLII):
The general rule when considering amendments is that “any amendment, no matter how late or careless, should be allowed if there is no prejudice which cannot be compensated in costs”: Milfive Investments v. Sefel, 1998 ABCA 161, 216 A.R. 196 at para. 3. However, where an amendment is sought after the expiration of a limitation period, and where that amendment adds claims to a proceeding, there are additional factors which must be considered.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
Is there a plaintiff in a personal injury case who pleads a certain amount in damages and then amend that prayer as and when the extent of the injuries is learned? (Alberta, Canada)
Is there a limitation period for an employee to make a separate, separate claim for damages arising out of a motor vehicle accident? (Alberta, Canada)
What is the test for making a claim in a personal injury case? (Alberta, Canada)
What is the limitation period for making a demand promissory note? (Alberta, Canada)
What is the test for determining the applicable limitation period under a statute of limitation? (Alberta, Canada)
Is a forbearance arrangement to forbear from enforcement proceedings a promise not to enforce limitation periods? (Alberta, Canada)
What is the case law around short limitation periods for a claim under the statute of limitation? (Alberta, Canada)
What is the test for making a personal injury costs order? (Alberta, Canada)
Does a person who makes a false statement have to make good the damage caused by the false statement? (Alberta, Canada)
