PRACTICE |
Pleadings |
Amendments |
Donovan v. Canada
T-1944-95
Lemieux J.
27/12/00
7 pp.
Application for order to amend statement of claim--Revenue Canada officials conducted searches of plaintiff's premises, seized documents pursuant to ITA, s. 231.3--Plaintiff brought action claiming searches and seizures in violation of Charter--In Baron v. Canada, [1993] 1 S.C.R. 416, Supreme Court of Canada confirmed ITA, s. 231.3 of no force and effect as violating Charter--Arrangement made for Revenue Canada to return seized documents--Plaintiff alleging Revenue Canada purposely returned documents to wrong location, simultaneously obtained new warrants to seize documents anew--Warrants subsequently quashed--Plaintiff then brought present action seeking, pursuant to Charter, s. 24(1), exemplary and punitive damages for illegal search and seizure, damages for unlawful trespass, damages for loss of business, reimbursement of all accounting, legal fees, interest, costs--Application allowed--Court will allow amendments to statement of claim unless proposed amendments will create prejudice to opposing party that cannot be alleviated by award of costs--Proposed amendments herein consisting mainly of background information putting original claims in context--Important to note "new" information came to light during examinations for discovery and therefore not information to which party privy and simply failed to include in original statement of claim--Proposed amendments will assist trier of fact in appreciation of issues--Proposed amendment introducing claim for general damages not constituting new cause of action, only altered claim for relief: Jelin Inv. Ltd. v. Signteck Inc. (1991), 44 F.T.R. 39 (F.C.T.D.)--To extent Rules not complied with, defect remedied by directing plaintiff to comply with them--Matter can be adequately dealt with in writing, oral hearing not justified--Proposed amendment will not result in injustice to defendant--Income Tax Act, S.C. 1970-71-72, c. 63, s. 231.3 (as am. by S.C. 1986, c. 6, s. 12)--Canadian Charter of Rights and Freedoms, being Part 1 of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 24(1).