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
The following excerpt is from Reynolds v. Huard, 2013 BCSC 1882 (CanLII):
In Chouinard v. O’Connor, 2011 BCCA 161, the court observed the determination as to what is just and convenient is ultimately subject to the judicial exercise of discretion. In these circumstances, given I have concluded delay is a neutral factor and being guided by the principle that as long as there is no real prejudice to the defendants there should be a full and fair assessment of the claims made by all parties, I am satisfied it would be just and convenient to grant the plaintiff’s application to amend the pleadings so as to “expand” the initial unjust enrichment claim to include the third piece of property and the water lease. The amendment will however be subject to a proviso allowing the defendants to pursue any appropriate limitation period defence at trial. Costs
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