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Visx Inc.v. Nidek Co. Ltd.

A-313-98

Sexton J.A.

20/11/98

3 pp.

Appeal from order refusing right to amend statement of defence, counterclaim-Defendant having already amended statement of defence on at least five different occasions-Amendment should be allowed if can be made without injustice to other side-No injustice if other side can be compensated by costs-Amendment herein allowed on certain terms-Plethora of interlocutory proceedings preventing it proceeding to trial in reasonable time-Many proceedings unnecessary-Counsel to focus on interest of clients by seeking final resolution of issues by proceeding to trial or by settlement-Appeal allowed.

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