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ARTICLE · 06 MARCH 2014

Hopeless Cases: Appealing Decisions By A Case Management Judge

DLA Piper
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The Alberta Court of Appeal clarified the standard of review for decisions made by a case management judge regarding the amendment of pleadings.

CanadaLitigation, Mediation & Arbitration
Katherine Dalgleish
Katherine Dalgleish
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The Alberta Court of Appeal delivered a decision on February 21st clarifying the standard of review for decisions made by a case management judge regarding the amendment of pleadings after pleadings have closed. In Attila Dogan Construction and Installation Co. Inc. v AMEC Americas Limited 2014 ABCA 74, the Court found that the case management judge's assessment of the evidence and discretionary decision were entitled to deference, and that the decision should not be overturned without a palpable and overriding error in assessing the evidence, an unreasonable exercise of discretion, or an extricable error.

The appellant issued a Statement of Claim in the above action in 2007, with one amendment in 2010. In May 2013 the appellant brought an application to further amend the statement of claim.

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