PRACTICE |
Pleadings |
Amendments |
Berhad v. Canada
T-609-99
2002 FCT 298, Hargrave P.
19/3/02
15 pp.
Motion to amend defence in order to plead statement of claim vexatious, abusive, to file 146-page written argument, on upcoming motion to strike out statement of claim on grounds vexatious, abusive--Only relevant part of proposed amendment allegation of vexatiousness, abusiveness-- Whether amendment ought to be allowed to insert reservation, into defence, statement of claim vexatious, abusive, enabling defendants to build upon amendment to bring motion to strike out on those two bases--Amendment ought to be allowed at any stage, for purpose of determining real question, controversy between parties, so long as it will not result in injustice to other side, not capable of being compensated through award of costs--Amendment sought not raising defence, rather technical challenge to pleading--As matter of fairness, common sense, Court not allowing amendment as will not help determination of right claimed in action on merits--Amendment merely of procedural, technical nature-- R. 70, which applies to all proceedings, providing memorandum of fact, law not exceed 30 pages in length-- Oversight in not limiting written representations, on ordinary, usual motions, while limiting memoranda of fact, law on matters at least as complex, to 30 pages--Court disinclined to make major concession as to length of written argument-- Defendants may amend defence, except as to proposed paragraph 22, part of which not relevant, balance of which improper amendment--Defendants' redrafted written repre-sentations shall not exceed 45 pages--Federal Court Rules, 1998, SOR/98-106, r. 70.