The appellants appealed a motion judge's decision refusing an adjournment and denying leave to amend their Statement of Defence on the eve of trial.
The proposed amendments included pleading that the respondent was an employee rather than an independent contractor, adding a counterclaim for damages, and pleading an assignment of copyright.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's exercise of discretion regarding the adjournment and agreeing that the proposed amendments were either statute-barred, failed to meet the test for withdrawal of an admission, or lacked sufficient factual basis.
