The plaintiff moved for leave to amend a statement of claim in a shareholder oppression action under the Business Corporations Act and to add additional defendants.
The proposed amendments included clarification of existing claims, allegations of post‑litigation asset transfers, and claims involving fraudulent preferences, conspiracy, and diversion of corporate opportunities.
The court held that most amendments were legally tenable and arose from facts discovered after the action had been set down for trial, and therefore should be permitted.
However, amendments alleging misconduct by the defendants in the conduct of the litigation were found irrelevant to the pleaded causes of action and contrary to proper pleading rules.
Leave to amend was granted except for those specific allegations.
