Does the Court of Appeal have any authority or authority to refuse to grant an amendment to the Rules of Civil Procedure or Rules of Appeal?
Saskatchewan, Canada
The following excerpt is from International Harvester Company v. Smith, 1916 CanLII 220 (SK CA):
And in Kurtz v. Spence, 36 Ch. Div. 770, allowing an amendment which was applied for under this rule, Cotton, L.J., stated as follows, after quoting the rule:— “When by an amendment the real substantial question can be raised between the parties, ought we to refuse to allow the amendment, having regard to the rule, and to the direction in the Judicature Act that as far as possible in any proceeding all questions between the parties shall be decided so as to prevent multiplicity of actions?”
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