Tuesday, January 31, 2012
When is an amendment to a claim a new cause of action?
Dee Ferraro Limited v. Pellizzari, 2012 ONCA 55 deals with when an amendment to a claim pleads a new cause of action. Basically if the necessary facts are already before the court a claim based on those facts is not a new cause of action. The Court writes:
[5] The distinction between pleading a new cause of action and pleading new or alternative remedies based on the same facts is set out in one of the seminal cases, Canadian Industries Ltd. v. Canadian National Railway Co., [1940] O.J. No. 266 (C.A.), affd. [1941] S.C.R. 591. The plaintiff sued for damages following the destruction of a cargo of sodium cyanide due to a derailment on the defendant’s railway line. He pleaded that the defendant was a common carrier and that the goods had been damaged. The trial judge allowed an amendment, at trial, to plead negligence. Middleton J.A., writing for the court, held at para. 18 that the amendment was properly allowed – it was not the institution of a new cause of action, but simply an alternative claim with respect to the same cause of action: “The amendment relates to the remedy sought upon facts already pleaded.”
Economy unexpectedly declines in November
OTTAWA — Real gross domestic product unexpectedly edged down 0.1 per cent in November after showing no growth in October, Statistics Canada reported Tuesday.
Lower output in the energy sector accounted for most of the November decline, as oil and gas extraction fell 2.5 per cent. Reduced production of crude petroleum, in part due to maintenance shutdowns, led the sector’s decline.
There were also drops in wholesale trade, finance and insurance, and construction, the federal agency said in its report, which caught analysts by surprise.
Most had expected a 0.2 per cent rise in GDP in November.
Subscribe to:
Posts (Atom)
