Legal Blog

Pleading Amend

Klassen v. Beausoleil 2019 Ont CA

The plaintiff wanted to amend its statement of claim to plead, in the alternative to a claim for 50% of the outstanding shares, a claim for 33% of the outstanding shares. The court held that, since no new facts were pleaded, the plaintiff could make the alternative claim. It was not a new cause of action to which the Limitations Act would apply. The court held that there was no deemed or actual prejudice to the request for the amendment and, accordingly, under Rule 26.01, the court had to grant leave to amend the statement of claim.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.