Can Pleadings Be Amended After Trial?


Once a Notice of Trial has been served or a Case Planning Conference is held a party can only amend their pleadings with permission of all other parties or with leave of the Court.  The Court can allow an amendment of pleadings under Rule 6-1 during (or even after) trial as was demonstrated in reasons for judgement released this week by the BC Supreme Court, Vancouver Registry.
In this week’s case (0679372 B.C. Ltd. v. The Winking Judge Pub Ltd.) the Plaintiff’s claim proceeded to trial and was successful.  Following trial, but prior to entry of a formal order, the Plaintiff brought an applicaiton to amend it’s pleadings “to conform with the evidence at trial, and to conform with the Reasons for Judgement delivered“.
Madam Justice Smith granted the applicaiton finding this was an appropriate case to allow pleadings to be amended.  In making this finding the Court provided the following reasons:

[6] In Canadian National Railway Co. v. Imperial Oil Ltd., 2007 BCSC 1193, [2007] B.C.J. No. 1743 [C.N.R.] the following principles regarding amendments were set out at para. 18 with respect to the exercise of the Court’s discretion to permit amendments to pleadings during or at the conclusion of a trial:

(a)    the amended pleadings must not be inconsistent with the pleadings already filed on behalf of the party seeking an amendment;

(b)    the amended pleadings must not be inconsistent with the evidence tendered by that party at trial and on discovery;

(c)    the amended pleadings must be such that they would not have changed the whole course of the trial had they been requested at the outset of the trial;

(d)    the amendment must not be unfair to the opposite party; and

(e)   the amendment must be necessary for the purpose of determining the real issues raised.

[7] In my view, the plaintiff’s application for leave to amend should be granted.  It is consistent with the pleadings already filed.  It is not inconsistent with evidence tendered by the plaintiff at trial (or on discoveries, so far as I am aware).  The amended pleadings would not have changed the course of the trial.  Permitting the amendment will not be unfair to the defendants, who were well aware of the evidence and who were given the opportunity to make submissions regarding the implications of a possible express trust.  Finally, the proposed amendment is necessary to record accurately the issues raised and determined in these proceedings.

0679372 B.C. Ltd. v. The Winking Judge Pub Ltd., Amending Pleadings, bc injury law, Madam Justice Smith, Rule 6, Rule 6-1, Rule 6-1(1), Rule 6-1(1)(b), Rule 6-1(1)(b)(i)

Comments (103)

  • I simply want to tell you that I am just beginner to blogs and actually liked this page. Very likely I’m going to bookmark your blog . You definitely have fabulous articles. Regards for revealing your web page.

  • I simply want to say I am just very new to weblog and definitely liked your website. Most likely I’m want to bookmark your blog post . You actually come with remarkable article content. With thanks for sharing your web site.

  • Thanks for sharing excellent informations. Your site is so cool. I am impressed by the details that you’ve on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my friend, ROCK! I found just the info I already searched everywhere and just could not come across. What an ideal site.

  • Hello there! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains. If you know of any please share. Appreciate it!

  • Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a bit, but instead of that, this is fantastic blog. A fantastic read. I will certainly be back.

  • Hello there, I found your blog via Google while searching for a related topic, your site came up, it looks great. I’ve bookmarked it in my google bookmarks.

  • Hi, Neat post. There’s a problem with your site in web explorer, might test this… IE nonetheless is the market chief and a large component to folks will leave out your fantastic writing because of this problem.

  • Thanks for your write-up. I have always noticed that a majority of people are needing to lose weight since they wish to look slim along with attractive. Having said that, they do not always realize that there are many benefits for losing weight in addition. Doctors state that obese people come across a variety of conditions that can be instantly attributed to the excess weight. The great thing is that people who’re overweight plus suffering from diverse diseases can reduce the severity of their particular illnesses through losing weight. You possibly can see a steady but notable improvement in health while even a small amount of weight loss is obtained.

  • Hey There. I found your blog using msn. This is a very well written article. I’ll be sure to bookmark it and return to read more of your useful information. Thanks for the post. I will certainly comeback.

  • Hello there, just became alert to your blog through Google, and found that it’s really informative. I am going to watch out for brussels. I’ll appreciate if you continue this in future. Numerous people will be benefited from your writing. Cheers!

  • Hi there, just became aware of your blog through Google, and found that it is truly informative. I’m going to watch out for brussels. I’ll be grateful if you continue this in future. Numerous people will be benefited from your writing. Cheers!

  • Unquestionably imagine that that you said. Your favorite justification appeared to be at the internet the simplest factor to have in mind of. I say to you, I certainly get irked even as folks think about issues that they just don’t recognise about. You managed to hit the nail upon the highest as smartly as defined out the entire thing with no need side effect , other folks can take a signal. Will probably be again to get more. Thank you

  • Hey! Someone in my Facebook group shared this site with us so I came to take a look. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Exceptional blog and great design and style.

  • Appreciating the time and effort you put into your blog and in depth information you present. It’s awesome to come across a blog every once in a while that isn’t the same outdated rehashed material. Great read! I’ve bookmarked your site and I’m including your RSS feeds to my Google account.

  • Great article and straight to the point. I don’t know if this is actually the best place to ask but do you guys have any ideea where to hire some professional writers? Thanks 🙂

  • The very crux of your writing whilst sounding reasonable originally, did not settle well with me after some time. Somewhere within the paragraphs you actually managed to make me a believer unfortunately just for a while. I however have a problem with your leaps in assumptions and one would do nicely to help fill in all those breaks. In the event that you actually can accomplish that, I could definitely be fascinated.

  • I do believe all of the ideas you’ve presented in your post. They are really convincing and will definitely work. Still, the posts are too quick for starters. May just you please lengthen them a little from subsequent time? Thank you for the post.

  • Howdy! This is kind of off topic but I need some advice from an established blog. Is it hard to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about creating my own but I’m not sure where to start. Do you have any ideas or suggestions? With thanks

  • Hey! Do you use Twitter? I’d like to follow you if that would be okay. I’m absolutely enjoying your blog and look forward to new updates.

  • Just desire to say your article is as astonishing. The clearness in your post is just nice and i could assume you are an expert on this subject. Fine with your permission allow me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please carry on the gratifying work.

  • Merely wanna remark on few general things, The website style and design is perfect, the content material is very wonderful. “The enemy is anybody who’s going to get you killed, no matter which side he’s on.” by Joseph Heller.

  • Magnificent beat ! I wish to apprentice even as you amend your website, how could i subscribe for a blog web site? The account aided me a acceptable deal. I were a little bit familiar of this your broadcast provided vivid transparent idea

  • Hi, Neat post. There’s a problem with your website in web explorer, could check this… IE still is the marketplace leader and a large section of people will miss your wonderful writing because of this problem.

  • Whats up! I just want to give an enormous thumbs up for the great info you have got here on this post. I shall be coming back to your blog for more soon.

  • Great blog here! Also your web site loads up fast! What web host are you using? Can I get your affiliate link to your host? I wish my web site loaded up as fast as yours lol

  • Hi! This is kind of off topic but I need some guidance from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about making my own but I’m not sure where to start. Do you have any tips or suggestions? Thanks

  • The following time I learn a blog, I hope that it doesnt disappoint me as much as this one. I mean, I know it was my option to learn, but I truly thought youd have something attention-grabbing to say. All I hear is a bunch of whining about something that you would fix in case you werent too busy looking for attention.

  • I do not even know how I ended up here, but I thought this post was great. I don’t know who you are but definitely you’re going to a famous blogger if you aren’t already 😉 Cheers!

  • Along with every little thing that appears to be developing inside this subject matter, many of your opinions happen to be fairly radical. Nonetheless, I appologize, because I can not subscribe to your entire theory, all be it exhilarating none the less. It seems to me that your remarks are actually not completely rationalized and in actuality you are generally your self not thoroughly convinced of your assertion. In any case I did take pleasure in reading through it.

  • Thanks a bunch for sharing this with all people you actually know what you are speaking about! Bookmarked. Kindly also discuss with my website =). We may have a link trade arrangement among us!

  • Appreciating the hard work you put into your blog and in depth information you provide. It’s good to come across a blog every once in a while that isn’t the same unwanted rehashed material. Excellent read! I’ve saved your site and I’m including your RSS feeds to my Google account.

  • Heya! I’m at work surfing around your blog from my new iphone 4! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the superb work!

  • I have learned a few important things via your post. I’d personally also like to mention that there may be a situation in which you will make application for a loan and don’t need a co-signer such as a Federal government Student Support Loan. In case you are getting credit through a traditional banker then you need to be made ready to have a cosigner ready to enable you to. The lenders can base their own decision using a few elements but the biggest will be your credit ratings. There are some loan companies that will in addition look at your job history and choose based on that but in many cases it will hinge on your rating.

  • Nice post. I was checking continuously this blog and I’m impressed! Very helpful info specifically the last part 🙂 I care for such information much. I was looking for this certain info for a very long time. Thank you and best of luck.

  • Unquestionably imagine that which you said. Your favourite justification seemed to be on the net the simplest factor to keep in mind of. I say to you, I certainly get annoyed whilst people think about worries that they plainly do not recognise about. You managed to hit the nail upon the top as well as outlined out the entire thing without having side-effects , folks could take a signal. Will likely be back to get more. Thanks

  • One more issue is that video gaming became one of the all-time main forms of excitement for people of all ages. Kids participate in video games, and also adults do, too. The XBox 360 has become the favorite video games systems for folks who love to have hundreds of video games available to them, along with who like to learn live with other folks all over the world. Thanks for sharing your thinking.

  • Good post. I study something more difficult on different blogs everyday. It would always be stimulating to learn content from other writers and practice a little bit one thing from their store. I’d prefer to make use of some with the content on my weblog whether you don’t mind. Natually I’ll provide you with a link on your internet blog. Thanks for sharing.

  • Heya i’m for the primary time here. I found this board and I in finding It truly helpful & it helped me out much. I hope to give something back and help others such as you aided me.

  • Thanks , I have recently been searching for information about this topic for ages and yours is the best I’ve discovered till now. But, what about the bottom line? Are you sure about the source?

  • You can certainly see your skills in the work you write. The world hopes for even more passionate writers like you who aren’t afraid to say how they believe. Always go after your heart.

  • I have been exploring for a bit for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this info So i’m happy to convey that I have a very good uncanny feeling I discovered exactly what I needed. I most certainly will make sure to don’t forget this site and give it a glance regularly.

  • It is really a nice and helpful piece of info. I’m glad that you shared this helpful info with us. Please keep us informed like this. Thank you for sharing.

  • Pretty section of content. I just stumbled upon your site and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Any way I will be subscribing to your augment and even I achievement you access consistently fast.

  • Nice post. I was checking constantly this blog and I am inspired! Very helpful information specially the remaining section 🙂 I take care of such information a lot. I used to be seeking this particular information for a long time. Thank you and good luck.

  • Undeniably imagine that that you said. Your favourite justification seemed to be at the internet the easiest thing to take into accout of. I say to you, I definitely get annoyed while other people consider issues that they plainly don’t recognize about. You managed to hit the nail upon the top and defined out the whole thing with no need side effect , other folks could take a signal. Will probably be back to get more. Thank you

  • Just want to say your article is as astounding. The clearness for your post is just great and i can think you are knowledgeable on this subject. Well with your permission let me to clutch your RSS feed to stay updated with imminent post. Thanks one million and please continue the rewarding work.

  • Nice post. I be taught something more difficult on completely different blogs everyday. It would always be stimulating to learn content material from other writers and practice a little one thing from their store. I’d favor to use some with the content on my blog whether you don’t mind. Natually I’ll provide you with a link on your net blog. Thanks for sharing.

  • Nice blog here! Also your web site lots up fast! What host are you using? Can I get your affiliate link on your host? I desire my site loaded up as fast as yours lol

  • Fantastic beat ! I wish to apprentice while you amend your website, how could i subscribe for a blog site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast provided bright clear idea

  • Wow! This could be one particular of the most helpful blogs We’ve ever arrive across on this subject. Actually Magnificent. I’m also an expert in this topic so I can understand your hard work.

  • I was recommended this blog via my cousin. I’m no longer positive whether or not this publish is written by way of him as no one else understand such distinct about my trouble. You’re incredible! Thanks!

  • Very well written information. It will be beneficial to anybody who employess it, including yours truly :). Keep doing what you are doing – for sure i will check out more posts.

  • Hi! This is kind of off topic but I need some advice from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about making my own but I’m not sure where to begin. Do you have any points or suggestions? Cheers

  • Hello I am so grateful I found your web site, I really found you by mistake, while I was browsing on Askjeeve for something else, Anyways I am here now and would just like to say many thanks for a fantastic post and a all round entertaining blog (I also love the theme/design), I don’t have time to read it all at the moment but I have saved it and also added in your RSS feeds, so when I have time I will be back to read more, Please do keep up the excellent job.

  • What i do not understood is in fact how you are not really a lot more smartly-liked than you may be now. You are very intelligent. You realize thus considerably when it comes to this matter, produced me for my part believe it from a lot of various angles. Its like women and men don’t seem to be fascinated except it is something to do with Lady gaga! Your personal stuffs excellent. At all times take care of it up!

  • I’m not sure exactly why but this weblog is loading very slow for me. Is anyone else having this problem or is it a problem on my end? I’ll check back later and see if the problem still exists.

  • Thanks for another informative site. Where else could I get that kind of information written in such a perfect way? I have a project that I am just now working on, and I’ve been on the look out for such information.

  • Wonderful story, reckoned we could combine several unrelated data, nonetheless seriously worth taking a look, whoa did 1 find out about Mid East has got far more problerms also

  • I believe that is among the such a lot significant information for me. And i am happy reading your article. But want to remark on some basic issues, The website style is ideal, the articles is in reality nice : D. Excellent job, cheers

  • Along with every little thing that seems to be developing inside this area, all your perspectives tend to be rather stimulating. Nonetheless, I beg your pardon, because I can not give credence to your whole idea, all be it refreshing none the less. It looks to me that your remarks are actually not entirely justified and in simple fact you are generally yourself not really thoroughly confident of the point. In any event I did take pleasure in examining it.

  • Hey would you mind stating which blog platform you’re using? I’m looking to start my own blog soon but I’m having a difficult time choosing between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something unique. P.S Apologies for getting off-topic but I had to ask!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer