If a formal order is made and delivered as a result of a motion by the Court of Appeal, can the Respondent amend his or her pleading?
British Columbia, Canada
The following excerpt is from Cominco Ltd. v. Westinghouse Canada Limited, 1978 CanLII 352 (BC SC):
If the amended pleading which is then filed and delivered as a result of such an order offends the rules or exceeds the right of amendment given to the applicant by the formal order, the respondent may apply under R. 19(24). Some of these difficulties were foreseen many years ago in a decision of our Court of Appeal. Its lesson seems to have been forgotten. The remarks are those of McPhillips J.A. and are set out in Morse v. Hurndall (1926), 37 B.C.R. 216 at 221.
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