Can events arising from a prior action be the foundation for a new action?

Alberta, Canada


The following excerpt is from Sledz v. Good, 1989 CanLII 3409 (AB QB):

A plaintiff must have a cause of action at the time he commences the action. Events arising after an action has been commenced cannot be the foundation for a preexisting action. In Medicine Hat Mall v. Kerrybrooke Development, (Calgary C.A. 10131 and 10270, June 20, 1988) Kerans, J.A., states in part: “This case is further complicated by the lack of proper initiating documents. The order was granted on a motion that expresses itself as an interlocutory motion in the 1984 action. It is trite law that one cannot seek relief in a suit for events arising after the suit has been commenced. This case calls for a new suit and no new suit has been commenced.”

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