What is the legal test for making amendments to pleadings in a summary trial?
British Columbia, Canada
The following excerpt is from Patzer v. Hastings Entertainment Inc., 2010 BCSC 426 (CanLII):
Rule 24(5) permits amendments during a trial. Subject to prejudice, amendments are granted liberally to enable the real issues to be determined, but amendments at such a late stage are generally made to ensure that the pleadings conform to the evidence. The standard for amendments proposed during the submission stage of a summary trial is higher, and may require unusual circumstances: see Lindner v. Allin, 2004 BCCA 243. This makes sense, because the potential for prejudice is considerably higher during or at the end of a trial.
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