What is the test for a motion to amend the terms of a motion in the Superior Court of Justice?
Ontario, Canada
The following excerpt is from Defazio v. Ontario (Labour), 2007 CanLII 7403 (ON SC):
I am also satisfied that in the circumstances an order must be made to ensure the fair determination of the proceeding. The amendments in this case are very different than those in Pearson v. Inco, supra, where, as the defendants submit, the amendments narrowed, rather than broadened, the claims advanced.
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