Enercorp Sand Solutions Inc. v. Specialized Desanders Inc., 2018 FCA 215
Justice Gleason; Justice Pelletier; Justice de Montigny - 0000-00-00
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This is an appeal from the decision of Southcott J. of the Federal Court (FC Reasons, reported as 2018 FC 689) dismissing an appeal from the decision of Prothonotary Aylen (unreported) dismissing the appellants’ motions for leave to amend their statements of defence and counterclaims. ... As a result, I am of the view that the Prothonotary fell into palpable and overriding error in finding, as the Federal Court put it at paragraph 49 of its Reasons, that a legally sufficient amendment was not possible, which is a conclusion of mixed fact and law. The record before her disclosed facts which provided a credible basis for granting Enercorp leave to reapply so that her conclusion that a legally sufficient amendment was not possible was, at the least, premature.
Decision relates to:
- A-224-18 - ENERCORP SAND SOLUTIONS INC. which is an appeal from a decision dated 2018-07-05 in T-598-15
- A-225-18 - PROGRESS ENERGY CANADA LTD v. SPECIALIZED DESANDERS INC et al which is an appeal from a decision dated 2018-07-05 in T-598-15