Rules of the Supreme Court, 1986

Amendment of a document filed in a proceeding

15.01. A party may amend any document filed by that party in a proceeding, other than an order,

(a) once without the leave of the Court, if the amendment is made not later than twenty days from the date the pleadings are deemed to be closed or five days before the hearing under an originating document;

(b) at any other time if the written consent of all the parties is filed; or

1986 c42 Sch D rule 15.01

Amendments by the Court

15.02. (1) The Court may grant an amendment under rule 15.01 at any time, in such manner, and on such terms as it thinks just.

(2) Notwithstanding the expiry of any relevant period of limitation, the Court may allow an amendment under rule 15.02(1)

(a) to correct the name of a party, notwithstanding it is alleged that the effect of the amendment will be to substitute a new party if the Court is satisfied that the mistake was genuine and not misleading or such as to cause any reasonable doubt as to the identity of the party intending to bring or oppose the proceeding; and

(b) to alter the capacity in which a party brings or opposes a proceeding if the capacity, after the amendment is made, is one in which at the date of issue of the originating document, third party notice, or the making of the counterclaim, the party might have brought or opposed the proceeding.

(3) The Court may allow an amendment under rule 15.02(2) notwithstanding the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of the same or substantially the same facts as the original cause of action.

(4) A party may amend any document filed by that party in a proceeding, other than an order, to correct the name of a party, at any time if the written consent of all the parties is filed.

1986 c42 Sch D rule 15.02; 93/05 s1

Form and service of the amended document

15.03. (1) Where any amendment would make a document difficult or inconvenient to read, a new document, as amended, and bearing the date of the original document, shall be filed, and served upon all the parties.

(2) In any case, a copy of the original document with the amendments inserted thereon, or a new copy as amended under rule 15.03(1), shall be filed and served upon all the parties.

(3) Personal service on a party of an amended originating document, counterclaim or third party notice shall not be required if the originating document has been so served.

(4) When a document is amended, it shall be marked with the date on which the amendment was made and the date of the order and consent, if any, under which it was amended, in the following manner:

"Amended the _____ day of __________, 19_____, by (order of ________) (consent of the parties) dated the _______ day of __________, 19_____."

(5) Any amendment shall be underlined or otherwise designated to distinguish it from the original wording of the document.

(6) Where an amendment is granted by the Court during a trial and it is incorporated into the record, an order need not be taken out and the amended document need not be filed or served unless the Court so orders. The relevant extract from the record, certified as correct by the Registrar, shall be evidence of the order and amendment.

1986 c42 Sch D rule 15.03

Time limited for serving and filing an amended document

15.04. An amended document shall be filed and served

(a) where the document is amended without the leave of the Court, within the time allowed under rule 15.01 for amending the same or as agreed to by the parties; and

(b) where the document is amended with the leave of the Court, within the time limited by the order, or if not so limited within ten days from the date of the order.

1986 c42 Sch D rule 15.04

Filing defence to amended statement of claim, etc.

15.05. (1) Where an amended statement of claim, counterclaim or third party notice is served on an opposing party,

(a) the opposing party, if the opposing party has already served a defence, may amend the defence; and

(b) the period for filing and serving the defence or amended defence, shall be either the period fixed by rules 10.02 and 10.04 for the service of the defence or the period of ten days after the amended pleading is served on the opposing party, whichever period expires later.

(2) Where a party has filed and served a defence to a statement of claim, counterclaim or third party notice which is subsequently amended and served on the party, the party, if the party does not serve an amended defence as provided in rule 15.05(1), shall be taken to rely upon the original defence in answer to the amended pleading served upon the party.

1986 c42 Sch D rule 15.05

Application for disallowance of amendment made without leave

15.06. Where a party has amended a document without leave, the opposing party may within ten days after the service on the opposing party of the amended document apply to the Court to disallow the amendment or any part thereof, and the Court may grant such order as it thinks just.

1986 c42 Sch D rule 15.06

Amendment of decisions and orders

15.07. Clerical mistakes in decisions or orders, or errors arising therein from any accidental mistake or omission, or an amendment to provide for any matter which should have but was not adjudicated upon, may at any time be corrected or granted by the Court, without appeal.

1986 c42 Sch D rule 15.07

Reversal or variation of order

15.08. Where a party is entitled to

(a) maintain a proceeding for the reversal or variation of an order upon the ground of a matter arising or discovered subsequent to the making of the order;

(b) impeach an order on the ground of fraud;

(d) carry an order into operation; or

(e) any further or other relief than that originally granted,

the party may apply in the proceeding for the relief claimed.

1986 c42 Sch D rule 15.08

Power to amend on appeal

15.09. In appeals brought before it, the Court shall have all the powers and duties in reference to amendments that are conferred on the Court under Rule 15.

1986 c42 Sch D rule 15.09

Costs of amendments

15.10. The costs, if any, occasioned by an amendment shall be borne by the party making the same, unless the Court otherwise orders.

1986 c42 Sch D rule 15.10

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