Can an amended pleading be amended during trial and after its conclusion of evidence?

British Columbia, Canada


The following excerpt is from Howell v Machi, 2017 BCSC 1806 (CanLII):

Amendments to pleadings may be permitted during trial and after its conclusion. In Batyka v. Barber, 2014 BCSC 769 at para. 24, Justice Funt explained that amendments should be permitted, after the close of evidence at trial, where the amendments: a) are not inconsistent with the pleadings already filed by the party seeking the amendment; b) are not inconsistent with the evidence already tendered by that party and his witnesses at trial and on discovery; c) had they been sought at the outset of trial, would not have changed the course of the trial; d) would not be unfair to the opposite party; and e) are necessary for the purpose of determining the real issues raised or depending upon the proceedings.

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