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Digest of the Week | Amendment of Pleadings

Digest of the Week | Amendment of Pleadings

EllisDon Corp. v. Winnipeg Airports Authority Inc. (2016), 2016 CarswellMan 203, 2016 MBCA 62, Barbara M. Hamilton J.A., Christopher J. Mainella J.A., Richard J. Chartier C.J.M. (Man. C.A.) [Manitoba]



Pleadings -- Amendment -- Grounds for refusal -- Prejudice or injustice



Action was respecting construction and design of airport and parties agreed to participate in case management to move case forward as expeditiously and efficiently as possible -- Defendant sought leave to amend its statement of defence and counterclaim to add new claims against plaintiff and add head of damage in indemnity claim against third party -- Motion judge dismissed defendant's request -- Defendant appealed -- Appeal dismissed -- Parties endorsed case management deadlines, and effect amendments would have on those timelines was relevant factor -- Motion judge considered relevant factors and issues raised by defendant -- Motion judge did not overemphasize seriousness of prejudice factor -- While prejudice factor tipped balance toward denying leave, tipping was not overemphasizing -- Given that motion judge found that proposed amendments were not minor and introduced new claims that potentially opened litigation to further discovery, which would cause long delay, he was entitled to conclude that parties would suffer serious prejudice -- Motion judge reasonably exercised his discretion and did not err in principle or misapprehend evidence in material way and there was no injustice.
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