This is an official version.

 

 

Copyright © 2010: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

 

Table of Regulations

Main Site

How current is this regulation?

 
 

RULE 15
AMENDMENT

Analysis



Adding or amending a party to a proceeding

15.01. (1) On such terms as it thinks just and in accordance with Rule 7, the Court may at any time, on application or on its own motion, grant an amendment which:

             (a)  adds, substitutes or corrects the name of a party to a proceeding; or

             (b)  alters the capacity of a party to a proceeding.

             (2)  A proceeding may be discontinued against a party in accordance with Rule 19.

             (3)  Notwithstanding the expiry of a relevant period of limitation, the Court may allow an amendment under paragraph (1) to rectify a mistake even if the effect of the amendment will be to add 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.

48/12 s2

Back to Top

Amending the text of pleadings filed with the Court

15.02. (1) If an amendment does not include the addition, deletion, substitution or correction of the name of a party to a proceeding, a party may amend a pleading filed by that party other than an order:

             (a)  once without the leave of the Court if the amendment is made not later than 20 days from the date the pleadings are deemed to be closed or 5 days before the hearing under an originating document;

             (b)  at any time with the written consent of all of the parties filed with the Court; or

             (c)  at any time with leave of the Court on such terms as it thinks just.

             (2)  The Court may allow an amendment 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.

48/12 s3

Back to Top

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

Back to Top

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

Back to Top

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

Back to Top

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

Back to Top

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

Back to Top

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;

             (c)  suspend the operation of an order;

             (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

Back to Top

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

Back to Top

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