Application (Amend Pleadings) (AB)

Summary

This precedent is an application to amend pleadings that can be used by any party to a civil action at the Court of King's Bench of Alberta. This precedent includes practical guidance, drafting notes, alternate clauses, and optional clauses. After the close of pleadings, you can amend pleadings only with the permission of the court or with the agreement of the parties filed with the court (Alberta Rules of Court, Alta. Reg. 124/2010 ("Rules"), r. 3.62(1)). Amendments may include adding or modifying claims, adding new parties, or removing, substituting, or correcting the name of a party. This precedent application can be used by a party to seek permission of the court to amend its pleadings when the other parties to the action refuse to provide consent for the amendment. The applicant must produce some evidence in support of the allegations in the amendment (Mikisew Cree First Nation v. Canada, [2002] A.J. No. 596 at paras. 26 (C.A.)). If alleging fraud, highhandedness, or malicious ...