UNIFORM CIVIL PROCEDURE RULES 2005 - REG 19.4 Disallowance of amendment

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 19.4

19.4 Disallowance of amendment

(cf SCR Part 20, rule 3; DCR Part 17, rule 3; LCR Part 16, rule 3)

(1) If a party amends a pleading, as referred to in rule 19.1(1) or (2), the court may, by order, disallow the amendment.

(2) Unless the court orders otherwise, notice of motion for such an order must be filed within 14 days after the date on which the amended document was served on the applicant.

(3) If, on the hearing of an application for an order under this rule, the court is satisfied that, had an application for leave to make the amendment been made, it would not have granted leave to make the whole or some part of the amendment, the court must disallow the amendment or that part, as the case may be.