Is there any need to amend or amend the pleadings of defendants in nuisance or trespass cases?
British Columbia, Canada
The following excerpt is from Defrane v. Argo Construction Ltd., 2010 BCSC 747 (CanLII):
The defendants sought to raise claims in nuisance and on the basis of the rule in Rylands v. Fletcher. These claims were not pleaded. I do not agree with counsel’s submission that no amendment is necessary because the same facts pleaded to support the claim against the plaintiff in trespass would be utilized for these additional causes of action. Nor am I persuaded that either cause of action is established by the facts that I have found. Costs
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