Sep 10, 2015

Nova Scotia Civil Procedure Rules annotation of Rule 37.01

Bank of Montreal v. Ross, 2011 NSSC 359 (CanLII)
Rule 37.01 – Scope of Rule 37
The plaintiff (BMO) sued the defendants to enforce promissory notes they signed to secure their company's debt. The defendants sought (in part) to consolidate this action with a related action against their company and to amend their defence to include portions of the defence from the corporate action. Held, motions to consolidate and amend granted: both actions have progressed to a similar stage, and involve the same lawyers and witnesses. Rule 37.06 allows for the court to give directions on any necessary amendments in the context of a consolidation motion, but the moving party must explain how consolidation will impact the pleadings. That wasn't done here. Instead, the court can (and did) use its discretion to abridge the time for making a motion to amend under Rule 83.02 and allow the amendments that way.