What is the test for a motion to amend a Statement of Claim?
Ontario, Canada
The following excerpt is from Cosentino v. Dominaco Developments Inc., 2018 ONSC 5056 (CanLII):
The Plaintiff relies on the decision in Morris v. Blu-Skye (2010 ONSC 684 (CanLII)). In that decision, Lauwers J. (as he then was) stated the proposition that, on a motion to amend a Statement of Claim, the Defendants are required to show prejudice in order for the amendment to be refused. In other words, the onus on a pleadings motion is on the party that is resisting the amendment.
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