Amending Pleadings and the New Rules of Court

Written by admin on . Posted in BCSC Civil Rule 6, Uncategorized.


The first case that I’m aware of dealing with amendments of pleadings under the New Rules of Court was released earlier this week.  In short the Court held that the new Rules don’t change the law with respect to the Court’s discretion in permitting amendments.
In this week’s case (BRZ Holdings Inc. v. JER Envirotech International Corp.,) the Plaintiff sued various defendants for losses caused by alleged fraudulent or negligent misrepresentation.  As trial approached the Plaintiff sought significant amendments to their pleadings.  The Defendant opposed these arguing the changes would cause prejudice.  Mr. Justice Smith ultimately allowed most of the proposed amendments and in doing so provided the following useful reasons confirming the New Rules did not alter the law with respect to amendments of pleadings:
6] Amendments to pleadings are now governed by Rule 6-1 of the Supreme Court Civil Rules, B.C. Reg. 168/ 2009 [Rules], which is similar to the former rule 24 in that amendments at this stage of the proceedings require leave of the court.  Cases decided under the former rule make clear that amendments will usually be allowed unless the opposite party can demonstrate actual, as opposed to potential, prejudice, or unless the amendments would be useless:  Langret Investments S.A. v. McDonnell (1996), 21 B.C.L.R. (3d) 145 (C.A.) at paras. 34 and 43.  The court’s discretion is “completely unfettered and subject only to the general rule that all such discretion is to be exercised judicially, in accordance with the evidence adduced and such guidelines as may appear from the authorities” [emphasis added]: Teal Cedar Products v. Dale Intermediaries Ltd. (1996), 19 B.C.L.R. (3d) 282 (C.A.) at para. 45.  Nothing in the new Rules suggests any change in the court’s approach.

Amending Pleadings, BRZ Holdings Inc. v. JER Envirotech International Corp., Mr. Justice Smith, Rule 6, Rule 6-1, Rule 6-1(b), Rule 6-1(b)(i)

Comments (44)

  • More Bonuses

    I simply want to mention I am new to weblog and really savored your web-site. More than likely I’m likely to bookmark your blog post . You absolutely come with fabulous article content. With thanks for revealing your webpage.

  • W88

    I’m really impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you customize it yourself? Anyway keep up the excellent quality writing, it’s rare to see a nice blog like this one these days..

  • 릴게임다운로드

    Wow! This could be one particular of the most useful blogs We have ever arrive across on this subject. Actually Magnificent. I am also a specialist in this topic therefore I can understand your hard work.

  • profesjonalna fotografia

    Hi there I am so delighted I found your weblog, I really found you by error, while I was researching on Yahoo for something else, Regardless I am here now and would just like to say thanks a lot for a fantastic post and a all round interesting blog (I also love the theme/design), I don’t have time to look over it all at the moment but I have book-marked it and also added your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the great work.

  • The Shake up 4 Real

    I’m curious to find out what blog system you have been working with? I’m experiencing some small security issues with my latest website and I’d like to find something more safeguarded. Do you have any recommendations?

  • http://alliance-techno.ru/user/gwawvcybpky/

    Appreciate you for sharing these kinds of wonderful articles. In addition, the best travel and also medical insurance approach can often eliminate those issues that come with vacationing abroad. A medical emergency can before long become extremely expensive and that’s absolute to quickly decide to put a financial burden on the family’s finances. Having in place the excellent travel insurance package prior to setting off is definitely worth the time and effort. Cheers

  • venta por catalogo

    I used to be recommended this web site via my cousin. I am no longer certain whether this publish is written via him as no one else know such specified approximately my difficulty. You’re amazing! Thank you!

  • 먹튀폴리스 포키

    Howdy! This is my first visit to your blog! We are a group of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a marvellous job!

  • situs poker online

    Very good blog you have here but I was wondering if you knew of any community forums that cover the same topics talked about here? I’d really like to be a part of community where I can get feed-back from other knowledgeable individuals that share the same interest. If you have any recommendations, please let me know. Thank you!

  • online poker

    The following time I read a weblog, I hope that it doesnt disappoint me as much as this one. I imply, I do know it was my option to read, however I really thought youd have one thing interesting to say. All I hear is a bunch of whining about something that you could possibly fix in the event you werent too busy searching for attention.

  • 릴게임다운로드

    Just wanna remark on few general things, The website style is perfect, the subject material is very great. “Art for art’s sake makes no more sense than gin for gin’s sake.” by W. Somerset Maugham.

  • situs poker online

    I was recommended this website by means of my cousin. I’m not certain whether or not this put up is written via him as nobody else recognise such exact about my problem. You’re amazing! Thank you!

  • m w88

    hey there and thank you for your info – I’ve definitely picked up anything new from right here. I did however expertise a few technical issues using this web site, since I experienced to reload the web site a lot of times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I am complaining, but sluggish loading instances times will often affect your placement in google and can damage your high-quality score if ads and marketing with Adwords. Well I am adding this RSS to my email and could look out for much more of your respective interesting content. Make sure you update this again soon..

  • 야마토카지노

    Thank you for sharing excellent informations. Your website is so cool. I’m impressed by the details that you have on this site. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found simply the information I already searched everywhere and simply could not come across. What a perfect web-site.

  • 토토사이트

    I’m impressed, I need to say. Actually rarely do I encounter a weblog that’s both educative and entertaining, and let me let you know, you have got hit the nail on the head. Your concept is outstanding; the issue is one thing that not enough persons are speaking intelligently about. I am very completely happy that I stumbled throughout this in my search for one thing referring to this.

  • lifeguard training

    Can I just say what a aid to seek out somebody who truly knows what theyre speaking about on the internet. You definitely know how one can deliver a problem to mild and make it important. Extra folks need to learn this and perceive this facet of the story. I cant believe youre not more fashionable since you definitely have the gift.

  • 토토사이트 추천

    Please let me know if you’re looking for a author for your site. You have some really good articles and I believe I would be a good asset. If you ever want to take some of the load off, I’d love to write some content for your blog in exchange for a link back to mine. Please blast me an email if interested. Cheers!

  • 메이저사이트

    Pretty nice post. I just stumbled upon your blog and wished to say that I have really enjoyed surfing around your blog posts. After all I will be subscribing to your feed and I hope you write again very soon!

  • เช่าโต๊ะ

    I am commenting to make you be aware of of the useful discovery my cousin’s daughter experienced studying your blog. She came to understand a wide variety of details, with the inclusion of what it is like to possess a marvelous teaching mood to let men and women clearly know just exactly chosen problematic topics. You undoubtedly exceeded people’s expected results. Many thanks for coming up with such priceless, dependable, informative and as well as easy thoughts on the topic to Emily.

  • Opiekunka Praca

    F*ckin’ tremendous issues here. I am very satisfied to look your post. Thank you so much and i am taking a look forward to contact you. Will you please drop me a e-mail?

  • 먹튀폴리스

    I have been exploring for a little 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 am happy to convey that I have an incredibly good uncanny feeling I discovered exactly what I needed. I most certainly will make certain to do not forget this site and give it a look on a constant basis.

  • 메이저사이트

    I needed to write you one very little note to be able to say thanks a lot as before with your nice opinions you’ve contributed on this website. It has been quite strangely open-handed with people like you to allow unhampered all a few people would have advertised as an ebook to generate some dough on their own, precisely considering that you could possibly have tried it if you considered necessary. The thoughts also worked to become fantastic way to fully grasp other people have a similar fervor similar to my own to figure out a great deal more in respect of this issue. I know there are several more fun times ahead for individuals that read carefully your blog post.

  • bulk alnico magnets

    Thanks for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our local library but I think I learned more from this post. I am very glad to see such excellent info being shared freely out there.

  • 먹튀폴리스 검증업체

    Today, with all the fast life-style that everyone leads, credit cards get this amazing demand throughout the market. Persons from every area are using the credit card and people who are not using the credit card have made arrangements to apply for one. Thanks for sharing your ideas about credit cards.

  • nonton movie

    I in addition to my buddies have been checking the nice secrets and techniques located on your website and at once I got a terrible feeling I had not thanked the web blog owner for those tips. The guys appeared to be as a consequence joyful to learn them and have in effect extremely been loving these things. Thanks for simply being considerably helpful and also for deciding on some incredible information most people are really needing to understand about. Our honest regret for not expressing gratitude to sooner.

  • งานแต่งงาน

    You really make it seem so easy with your presentation but I find this topic to be actually something that I think I would never understand. It seems too complicated and very broad for me. I am looking forward for your next post, I’ll try to get the hang of it!

  • pembesar alat vital alami

    Hello! This post couldn’t be written any better! Reading this post reminds me of my previous room mate! He always kept chatting about this. I will forward this page to him. Pretty sure he will have a good read. Many thanks for sharing!

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