Does an amendment to a pleading re-opens the pleadings for the delivery of a jury notice?
Ontario, Canada
The following excerpt is from Pena v U-Pak Disposals Limited, 2015 ONSC 5175 (CanLII):
The case law in Ontario supports the general proposition that the amendment of a pleading re-opens the pleadings for all purposes, including the delivery of a jury notice, unless some limitation in purpose is otherwise indicated. My colleague Master Beaudoin, as he then was, focused on this issue in his decision in Dow v. Ottawa Hospital - Civic Campus, 2005 CanLII 6375; [2005] O.T.C. 190; 137 A.C.W.S. (3d) 920.
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