The plaintiff moved to amend its Statement of Claim shortly before trial in a commercial dispute arising from the termination of a racetrack slots program agreement.
The defendant opposed the amendment on grounds including alleged limitation issues, withdrawal of a prior admission, expansion beyond the agreed issues list, and the inclusion of argumentative pleading.
The court reviewed the principles governing amendments under Rule 26 of the Rules of Civil Procedure and concluded that amendments should generally be granted unless non-compensable prejudice is demonstrated.
Finding no such prejudice, the court allowed the amendments but imposed conditions restricting further discovery and requiring the amendments to be filed in black‑line format.
The court also rejected arguments that the amendments improperly altered the character of the action or were barred by limitation on the record before it.
