What is the legal test for amendable pleading?
British Columbia, Canada
The following excerpt is from Jones v Funk, 2018 BCSC 1363 (CanLII):
Leave to amend a pleading is based on that which is just and convenient: Chouinard v. O’Connor, 2011 BCCA 161 at para. 21. As confirmed in Chouinard, a non-exhaustive list of factors for consideration includes: (a) the extent of delay; (b) the reasons for the delay; (c) any explanation put forward to account for the delay; (d) the degree of prejudice caused by the delay; and (e) the extent of the connection, if any, between the existing claims and the proposed new course of action.
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