When will a court grant leave to amend a deficient statement of claim?

While the court may at times take into account further material facts that the plaintiffs could have pled when considering to grant leave to amend a deficient statement of claim, the court should, in my view, consider the pleadings as filed for the purposes of the s.6(1)(a) test. In this regard, I note the comments of Mills J. in Holmes v. Jastek Master Builder 2004 Inc., 2009 SKQB 421 in which he stated at para. 9: 9 The law supports the plaintiffs' general theory. Unfortunately, the pleadings do not. The defendants have quite properly pointed out that the plaintiffs have not alleged that there is an express or implied term of the agreement that best efforts be used to obtain a building permit, and that the cancellation of the building permit application resulted in a failure to make best efforts. The plaintiffs have not pled that the defendants would have been otherwise entitled to obtain a building permit for the property proposed, which by the pleadings, was a condition of the agreement. The pleadings are what is important at this stage, not a variety of facts that have been alleged in supporting material on previous motions before the court. [emphasis added]