Byron David Shaw

The self-represented appellant appealed an order striking her fresh amended pleading for failing to disclose a reasonable cause of action and failing to comply with the Rules of Civil Procedure.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the pleading was fatally deficient and could not be repaired by further amendment.

The Court also declined to admit fresh evidence, applying the Sengmueller test, as the evidence could have been adduced earlier with reasonable diligence and would not have been conclusive.