Can a plaintiff amend his Statement of Claim at the end of trial?
British Columbia, Canada
The following excerpt is from Burton v Marwest Utilities Services Ltd., 2019 BCSC 490 (CanLII):
In McIsaac v. Healthy Body Services Inc., 2009 BCSC 1716, Justice Pearlman allowed the plaintiff to amend his Statement of Claim at the very end of trial. While the pleadings technically lacked a claim for future loss, it was clear that the defendants anticipated that claim, prepared accordingly (including submitting expert reports on the issue), and sought disclosure of relevant documents. As such, he found that the defendants would not suffer any injustice were the pleadings to be amended at the end of the trial: paras. 249-259.
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