To Allow or Not to Allow the Amendments? That is the Question

The Honourable Madam Justice Ellen Picard, Madam Justice Marina Paperny, and Mr. Justice Peter Martin of the Alberta Court of Appeal ("ABCA") recently handed down the decision in Canadian Natural Resources Limited v Arcelormittal Tubular Products Roman S.A., 2013 ABCA 87. At issue was whether the case management judge erred in failing to allow the appellants to amend their statement of defence on the grounds that there was no evidence to support the allegation made in the proposed amendments. To be more precise, the ABCA had to consider whether it would be appropriate to allow the appellants to amend their statement of defence when the proposed amendments effectively allege that the within action amounted to fraud.