What is the test for a motion to amend the terms of a motion where a plaintiff’s claim is invalid?
Saskatchewan, Canada
The following excerpt is from Amok Ltd. v. Kilborn Engineering Ltd. and Kilborn (Saskatchewan) Ltd., 1985 CanLII 2758 (SK QB):
I would also allow the amendments on another basis. The fact that there may be considerable doubt or a reasonable doubt whether this is a valid claim does not warrant the court refusing the amendment. Toronto v. Hutton, [1951] O.W.N. 639; Simrod v. Cooper et al., [1952] O.W.N. 720.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a plaintiff be permitted to amend his statement of claim to include an amendment to the original claim? (Saskatchewan, Canada)
Can a motion to stay a motion for a stay of motion in the absence of any other litigation certified as a class action in any other province under which the present plaintiffs and the members of the class which they seek to represent can have their claims adjudicated? (Saskatchewan, Canada)
What is the difference between a plaintiff and plaintiff in a motor vehicle accident claim for medical attention? (Saskatchewan, Canada)
Can a plaintiff amend their pleadings at trial to claim prejudgment interest? (Saskatchewan, Canada)
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant? (Saskatchewan, Canada)
Can a plaintiff be accused of hoarding or abandoning her claim or sitting on her rights? (Saskatchewan, Canada)
What is the test for a plaintiff to succeed in her claim that she was injured in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for determining if a plaintiff has a valid claim against a railway company? (Saskatchewan, Canada)
Is there any case law in which a plaintiff can claim set-off for costs of repair, replacement and loss of business opportunity? (Saskatchewan, Canada)
In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man? (Saskatchewan, Canada)
