What is the test for determining whether a proposed amendment to the Rules of Arbitration for Arbitration would be prejudicial?

British Columbia, Canada


The following excerpt is from St. Pierre v. Chriscan Enterprises Ltd., 2013 BCSC 2251 (CanLII):

The arbitrator in this case exercised the discretion he had to determine whether the delay that might be occasioned by the proposed amendment would be prejudicial. He concluded that it was. Moreover, both parties relied on Virk v. Brar, 2011 BCSC 301. In that case, Adair J. noted at paras. 5 and 6 that:

Other Questions


What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
Can a plaintiff proceed by petition under Rule 10(1) of the BC Rules of Civil Procedure to determine whether there were implied terms as alleged? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for trial? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for purpose? (British Columbia, Canada)
What is the test for determining whether a reasonable person would expect icy conditions would have been present? (British Columbia, Canada)
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.