What is the test for an application to amend a motion where a defendant has been found guilty of gross negligence?
Saskatchewan, Canada
The following excerpt is from International Harvester Company v. Smith, 1916 CanLII 220 (SK CA):
In Tildesley v. Harper, 10 Ch.D. 393, which was an appeal from Mr. Justice Fry, who refused an application to amend at the trial, Bramwell, L. J., in his judgment allowing the amendment, stated:— “My practice has always been to give leave to amend unless I have been satisfied that the party applying was acting mala fide, or that, by his blunder, he had done some injury to his opponent which could not be compensated for by costs or otherwise.”
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