Alberta Court of Appeal denies hopeless amendments

By Dalton W. McGrath and Michael O’Brien ( April 21, 2022, 1:19 PM EDT) -- The Alberta Court of Appeal recently issued its decision in Remington Development Corporation v. ENMAX Power Corporation, 2022 ABCA 71, denying the plaintiff’s attempt to amend its pleadings on the basis that the amendments were hopeless. Generally speaking, amendments to pleadings are allowed, subject to four major exceptions, one of which is that the amendment is hopeless. It is unusual for amendments to be denied, particularly on the basis that they are hopeless. By overturning the lower court and denying the amendments, the Alberta Court of Appeal’s decision now stands as the current leading authority on denying hopeless amendments....
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