Trevor Nicholas Construction Co. v. Canada
The motions judge did not err: paragraphs 11 and 12 already adequately pleaded the existence and breach of contract A, the proposed additional paragraphs were unnecessary or incomplete and their introduction at this late stage would cause undue delay; therefore leave to amend was properly refused and the appeal is...
Source-derived case information.
- Citation
- 2003 FCA 428
- Parties
- Appellant: Trevor Nicholas Construction Co. Limited; Respondent: Her Majesty the Queen as represented by the Minister for Public Works
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 November 2003
- Procedural Posture
- Appeal / Judgment on Appeal (dismissal)
- Outcome
- Appeal dismissed
- Legal Topics
- Pleadings, Amendment of Statement of Claim, Leave to Amend, Undue Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trevor Nicholas Construction Co. Limited
Appellant
Her Majesty the Queen as represented by the Minister for Public Works
Respondent
Procedural Posture
Appeal / Judgment on Appeal (dismissal)
Legal Issues
- 1 Whether the motions judge erred in refusing to permit amendments to the statement of claim
- 2 Whether proposed paragraphs were unnecessary because existing pleadings adequately alleged the cause of action
- 3 Whether proposed paragraphs were incomplete and their introduction at this late stage would cause undue delay
Ratio Decidendi
The motions judge did not err: paragraphs 11 and 12 already adequately pleaded the existence and breach of contract A, the proposed additional paragraphs were unnecessary or incomplete and their introduction at this late stage would cause undue delay; therefore leave to amend was properly refused and the appeal is dismissed with costs.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Trevor Nicholas Construction Co. v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2003-11-13 Neutral citation 2003 FCA 428 File numbers A-154-03 Decision Content Date: 20031113 Docket: A-154-03 Citation: 2003 FCA 428 CORAM: STRAYER J.A. SHARLOW J.A. MALONE J.A. BETWEEN: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER FOR PUBLIC WORKS Respondent Heard at Toronto, Ontario, on November 13th, 2003. Judgment delivered from the Bench at Toronto, Ontario, on November 13, 2003. REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A. Date: 20031113 Docket: A-154-03 Citation: 2003 FCA 428 CORAM: STRAYER J.A. SHARLOW J.A. MALONE J.A. BETWEEN: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER FOR PUBLIC WORKS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 13th, 2003) STRAYER J.A. [1] We are all of the view that this appeal must be dismissed. [2] We can find no error of principle in the decision of the Motions Judge. He correctly found that the existence and breach of contract 'A' is already adequately alleged by paragraphs 11 and 12 of the original statement of claim. Therefore, the proposed paragraphs 12A and 12B are unnecessary. [3] Further, he properly exercised his discretion in finding, as did the Prothonotary, that the proposed paragraphs 12C and 15 are incomplete, unsupported by allegations of any material facts, and their introduction at this stage of the action would entail further proceedings and unduly delay the trial of this action which was commenced in 1995. [4] The appeal will therefore be dismissed with costs. "B. L. Strayer" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET : A-154-03 STYLE OF CAUSE : TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER OF PUBLIC WORKS Respondent PLACE OF HEARING : TORONTO, ONTARIO DATE OF HEARING : NOVEMBER 13, 2003 REASONS FOR JUDGMENT OF THE COURT : (STRAYER, SHARLOW, MALONE JJ.A.) DELIVERED FROM THE BENCH BY: STRAYER J.A. APPEARANCES: Mr. John Susin FOR THE APPELLANT Mr. Christopher Parke FOR THE RESPONDENT COUNSEL OF RECORD: John Susin Niagara Falls, Ontario FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT