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Debra
Debra, Lawyer
Category: Canada Law
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On my civil case, Re: Statement of Claim a wrong case number

Customer Question

On my civil case, Re: Statement of Claim a wrong case number ***** incorrectly put on my statement of claim, Their are two MVA cases . The mix up was due to the lawyer trying to roll a third MVA in which I would add it to the two MVA's he was going to take to trial, basically he filed the third MVA in Supreme Court without my knowledge nor informed consent. It is the third MVA number that has been listed on my statement of claim. I did not relize he had gone far enough to have added my third MVA without my knowledge. Therefore , I used the court documents numbers without relizing the error till today and trial is set for Sept 8th -11th...Is it possible to do an amendment to the statement of claim? or what is the solution? I'm just a lay person doing my own trial.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

If you absolutely require an amendment to your pleadings because of this error then you would have to seek leave of the court. What this means is that you need to ask a judge for permission to amend the claim. You can bring this application to the court by way of an application in chambers. You have to serve all of the parties with your notice of application. In your supporting affidavit be sure to explain clearly how this significant error happened.

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