PRACTICE |
Pleadings |
Amendments |
Atlantic Prudence Fund Corp. v. Canada (Minister of Citizenship and Immigration)
IMM-2294-96, IMM-2296-96, IMM-2297-96
Dawson J.
31/3/00
6 pp.
Motion for leave to amend notices of application so as to seek declaratory relief in lieu of mandamus, to add to grounds of applications for judicial review allegations Minister took into account irrelevant considerations, made decision in bad faith--Applicants previously brought motion to broaden grounds of applications to include allegations of administrative bias--Motion dismissed by Nadon J.--Amendments now sought different in substance to that previously considered by Court--Notice of application may be amended at any time--In absence of prejudice to opposing party, amendments should be allowed if useful in determining real issues between parties--Applicants must adduce evidence to convince Court it would be fair in circumstances to allow them to add further ground to applications for judicial review--Evidence now adduced to convince Court fair to allow applicants to amend applications--Leave given to applicants to amend applications as they sought.