Morris Waxman v. Chester Waxman et al, 2011 ONSC 4707 deals with amendment of pleadings. As is well known most amendments are made pro forma except where the amendments set up an untenable plea. The Court writes:
[3] A party is not entitled to make amendments to a pleading which contravene the rules of pleading, including rules 25.11 and 25.06(1). See Plante v. Industrial Alliance Life Insurance Co. 2003 CanLII 64295 (ON SC), (2003), 66 O.R. (3d) 74 at 84-85. The principles regarding these rules are well known and need not be described here. See a good discussion of the principles in George v. Harris [2000] O.J. No. 1762 at paras. 18 to 20, per Epstein J., as she then was, and Carney Timber Co. v. Pabedinskas, [2008] O.J. No. 4818 at para. 16 per Strathy J.
No comments:
Post a Comment