What is the test for a motion to amend the terms of a claim against the respondent in a personal injury case?
British Columbia, Canada
The following excerpt is from D.N.D. v. W.S.C., 2013 BCSC 336 (CanLII):
With this background in mind, I turn to the issues. The first issue is whether it is necessary for the respondent to show a material change in circumstance, as that phrase is explained in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. In that case, McLachlin J. (as she then was), writing for the majority at paras. 10 and 12 said this:
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