Summary
The Court allowed amendment of a written statement during the ongoing trial because the proposed paragraphs merely amplified the existing factual defence. They introduced no new defence, changed no existing position and withdrew no admission. The plaintiffs retained their burden of proof and were given an opportunity to amend and lead further evidence before the defence evidence.
Issues
- Whether the proposed amplification of the existing defence should be allowed during the pending trial.
Held
- The amendment elaborated facts already pleaded, without introducing a new defence, changing the defence or withdrawing admissions. With trial incomplete and no prejudice shown, allowance served justice better than deferring the issue to a possible appeal. (¶ 7–9)
- The plaintiffs could amend their plaint and adduce further evidence before the defendants were called upon to lead evidence, preserving an opportunity to meet the amplification. (¶ 10–11)
Result
Appeal allowed; amendment application granted. Plaintiffs afforded responsive amendment and evidence; trial court directed to dispose of the old suit preferably within six months of appearance.