What is the effect of the amendment to the Statement of Claim in a motor vehicle accident case?
Alberta, Canada
The following excerpt is from Cunningham v. Irvine-Adams, 1999 ABQB 517 (CanLII):
In particular, (1) all the facts relating to the accident and the defendants' liability had been pleaded in the original Statement of Claim, and (2) the defendants had examined on issues relating to quantum under the Fatal Accidents Act at the plaintiffs' Examination for Discovery, and thus the defendants would suffer no prejudice as a result of the amendment: Basarsky v. Quinlan, supra at 307.
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