Case information

Civil procedure — Pleadings — Amendment — Whether application judge erred in denying applicant leave to amend certain portions of statement of claim

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The applicant corporation owns farmlands in Saskatchewan. It leased those lands to the respondents for the 2020 and 2021 crop years. At some point during the lease term, a dispute arose between the parties about the management of the lands. The applicant commenced two proceedings against the respondents: an application claiming a right to enter the lands, and the case at bar, an action for damages. In November 2021, the applicant sought leave to amend its statement of claim in the action for damages to include new allegations, set out in a proposed amended statement of claim. The respondents consented to some amendments, but opposed others.

The application judge allowed the application in part. Proposed amendments relating to the parties’ conduct pursuant to court orders in the application to enter the lands were refused. Amendments directly relevant to a claim for damages were permitted. The Court of Appeal dismissed the applicant’s appeal, holding that the application judge’s assessment of the proposed amendments was correct.