Can defendants amend and now set up this defence?

To allow the defendants to amend and now set up this defence would be to allow them to set up a new issue, to which I would have to give the plaintiffs an opportunity to reply, and could only determine after hearing what could be adduced on both sides. A peculiar issue indeed, for the other insurance company did not attempt to avail itself of this trivial error, which apparently in no way affected the risk, and I doubt much if any self-respecting company that intended to continue in business would do so. Even had I the power (McKay, J.'s opinion in Cleary v. Hite (1921), 1921 CanLII 124 (SK QB), 61 D.L.R. 405, 14 S.L.R. 454, is to the contrary) to permit an amendment raising a new issue at this stage and to direct a re-trial, it would not seem to me to be a proper exercise of discretion, or fair to the plaintiffs, to now permit it to be raised.