What is the test for an application to amend a pleading to amend the pleadings?

British Columbia, Canada


The following excerpt is from Omineca Enterprises Ltd. v. British Columbia Development Corp., 1999 CanLII 6752 (BC SC):

The approach to granting leave to amend pleadings has always been one of permissiveness so as to have reasonable causes of action that have all elements of association tried together. The underlying requirement is that the proposed amendments disclose a reasonable cause of action. In determining this requirement the approach is to consider whether, assuming the proposed amendments contained facts are proven, is it plain and obvious that the proposed claim discloses no reasonable claim. If that cannot be said the cause of action is permitted to stand (see Hunt v. Carey Canada (1990), 1990 CanLII 90 (SCC), 49 B.C.L.R. (2d) 273 (S.C.C.), at 273-289). In the context of this application unless it can be said the proposed amendment discloses no reasonable claim the amendment should be allowed.

Other Questions


What is just and convenient to amend the pleadings of a plaintiff's application to amend to include a third piece of property and a water lease? (British Columbia, Canada)
What is the effect of an application to amend the pleadings of the First Application? (British Columbia, Canada)
Is an application to amend the pleadings before the application to strike the claim is heard? (British Columbia, Canada)
What is the scope of an application to amend the pleadings? (British Columbia, Canada)
What is the limitation period for an application to amend the pleadings? (British Columbia, Canada)
When can a party bring an application to amend their pleadings? (British Columbia, Canada)
Is there any need to amend or amend the pleadings of defendants in nuisance or trespass cases? (British Columbia, Canada)
What are the factors to consider in an application to amend a pleading? (British Columbia, Canada)
What is the legal test for an application to amend a pleading? (British Columbia, Canada)
What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.