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ARTICLE · 29 MARCH 2016

Fairhurst V. Anglo American Plc, 2015 BCSC 1747

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In this class proceeding concerning alleged price-fixing of diamonds, the plaintiff sought leave to amend its statement of claim to speak to issues raised by the defendants in the course of the certification application and hearing.

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Fairhurst V. Anglo American Plc, 2015 BCSC 1747

In this class proceeding concerning alleged price-fixing of diamonds, the plaintiff sought leave to amend its statement of claim to speak to issues raised by the defendants in the course of the certification application and hearing. The order certifying the class proceeding was under appeal.1

The British Columbia Supreme Court held that leave was not required as a procedural matter, because there had been no previous amendment and no notice of trial had been issued. The Court also noted that pleadings are meant to permit the parties to know the case they are to meet, and it is therefore not improper to address, in pleadings, arguments made by opposing parties.

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