In what circumstances will a court allow an amendment to a pleading?
Saskatchewan, Canada
The following excerpt is from Walbaum And Walbaum v. G & R Trucking Ltd., 1983 CanLII 2562 (SK CA):
It will be evident that these cases served firmly to establish both the rule, and the exception, of Weldon v. Neal, in this jurisdiction: an amendment would not be allowed, either to a pleading, or to a proceeding, if the amendment was essential to, or sought to set up a cause of action, which was then barred by a statute of limitation, unless there existed very peculiar circumstances, in which event the court was empowered to allow such amendment - including the substitution of one defendant for another - notwithstanding the intervention of a limitation period.
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