Goodwin v. Workplace Health, Safety and Compensation Commission (N.B.), (2014) 420 N.B.R.(2d) 334 (TD)

• Judge: French, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 18, 2014
• Jurisdiction: New Brunswick
• Citations: (2014), 420 N.B.R.(2d) 334 (TD);2014 NBQB 119

Goodwin v. WHSCC (2014), 420 N.B.R.(2d) 334 (TD);

    420 R.N.-B.(2e) 334; 1091 A.P.R. 334

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Temp. Cite: [2014] N.B.R.(2d) TBEd. JL.019

Renvoi temp.: [2014] N.B.R.(2d) TBEd. JL.019

Murray Goodwin (plaintiff) v. Workplace Health, Safety and Compensation Commission (defendant)

(S/C/378/2008; 2014 NBQB 119; 2014 NBBR 119)

Indexed As: Goodwin v. Workplace Health, Safety and Compensation Commission (N.B.)

Répertorié: Goodwin v. Workplace Health, Safety and Compensation Commission (N.B.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

French, J.

March 21, 2014.

Summary:

Résumé:

Twenty-seven years ago, Goodwin sustained injuries in a workplace accident that occurred in the course of his employment. He had since received and, continued to receive, workers' compensation benefits. In 2008, he commenced an action against the Workplace Health, Safety and Compensation Commission. During closing arguments, Goodwin moved to amend his statement of claim to add allegations of negligence and breach of s. 15 of the Charter.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the motion.

Practice - Topic 2105

Pleadings - Amendment of pleadings - Prejudice or presumed prejudice - What constitutes - Twenty-seven years ago, Goodwin sustained injuries in a workplace accident that occurred in the course of his employment - He had since received and, continued to receive, workers' compensation benefits - In 2008, he commenced an action against the Workplace Health, Safety and Compensation Commission - During closing arguments, Goodwin moved to amend his statement of claim to add allegations of negligence and breach of s. 15 of the Charter - The New Brunswick Court of Queen's Bench, Trial Division, allowed the motion - While acknowledging that, as a general rule, amendments should not be permitted after the close of the case, it was in the interest of justice that leave be granted to amend, even at this late stage, in order to permit the litigation to be determined on its merits - This would not cause irreparable prejudice even if it became necessary to receive additional evidence - The circumstances warranted an exception to the general rule.

Practice - Topic 2134

Pleadings - Amendment of pleadings - After evidence taken - [See Practice - Topic 2105 ].

Procédure - Cote 2105

Plaidoiries - Modification des plaidoiries - Préjudice réel ou présumé - En quoi consiste - [Voir Practice - Topic 2105 ].

Procédure - Cote 2134

Plaidoiries - Modification des plaidoiries - Au procès - Après l'audition de la preuve - [Voir Practice - Topic 2134 ].

Cases Noticed:

Algo Enterprises Ltd. et al. v. Repap New Brunswick Inc. (2013), 406 N.B.R.(2d) 36; 1053 A.P.R. 36 (T.D.), refd to. [para. 13].

McLaughlin v. Levesque (2008), 337 N.B.R.(2d) 283; 864 A.P.R. 283 (T.D.), refd to. [para. 13].

White v. Atlantic Home Improvement Ltd. et al. (1999), 219 N.B.R.(2d) 161; 561 A.P.R. 161 (C.A.), refd to. [para. 14].

Counsel:

Avocats:

Eugene J. Mockler, Q.C., for the plaintiff;

John P. Barry, Q.C., and Deirdre L. Wade, Q.C., for the defendant.

This motion was heard on March 18, 2014, by French, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following decision on March 21, 2014.