Federal Court Denies Amendments To Copyright Claim

In this copyright infringement action, GE Renewable Energy Canada Inc. (GEREC) sought to make further amendments to its Amended Statement of Claim. The Federal Court allowed the motion in part, emphasizing that amendments must yield a sustainable pleading.

Background

Rule 75(1) of the Federal Courts Rules provides that the Court may allow a party to amend a document, at any time, "on such terms as will protect the rights of all parties". The general rule is that an amendment should be allowed at any stage of an action for the purpose of determining "real questions in controversy", provided it would serve the interests of justice, and would not results in an injustice to other parties not capable of being compensated with costs. An amendment must also yield a sustainable pleading such that it discloses a reasonable cause of action and does not represent a "radical departure" from the party's prior positions.