Korte et al. v. Cormie et al., (1994) 151 A.R. 153 (QB)

• Judge: Cooke, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 07, 1994
• Citations: (1994), 151 A.R. 153 (QB)

Korte v. Cormie (1994), 151 A.R. 153 (QB)

MLB headnote and full text

Jean C. Korte and Donald Black on their own behalf, and on behalf of all other per­sons who were actual or beneficial holders of so-called investment contracts with First Investors Corporation Ltd., as shown in the records of that company as of June 30, 1987; and Conrad LeClerk and Kenneth Wark on their own behalf, and on behalf of all other persons who were actual or beneficial holders of so-called investment contracts with Associated Investors of Canada Ltd. as shown in the records of that company as of June 30, 1987 (plaintiffs) v. Donald M. Cormie, John M. Cormie, James Cormie, Eivor Cormie, Allison Cormie, Eivor Cormie Jr., Robert E. Cormie, Bruce G. Cormie, Neil Cormie, Kenneth N. Marlin, Christa U. Petracca, Robert Pearce, Collective Securities Inc., Collective Securities Ltd., Principal Securities Management Ltd., Principal Consultants Ltd., Cormie Ranch Inc., Estate Loan and Finance Ltd., County Investments Ltd., Deloitte, Haskins & Sells and Deloitte & Touche Inc. (defendants)

(Action No. 9003 09679)

Indexed As: Korte et al. v. Cormie et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cooke, J.

March 7, 1994.

Summary:

Deloitte, Haskins & Sells, one of the defendants, applied for an order striking the amendments made by the plaintiff to the statement of claim.

The Alberta Court of Queen's Bench disal­lowed the application and ordered the action to proceed.

Practice - Topic 2110

Pleadings - Amendment of pleadings - Adding new cause of action - [see Prac­tice - Topic 2130 ].

Practice - Topic 2111

Pleadings - Amendment of pleadings - Prohibition against adding new action which is statute barred - [See Practice - Topic 2130 ].

Practice - Topic 2122

Pleadings - Amendment of pleadings - Statement of claim - Withdrawal of an admission - [See Practice - Topic 2130 ].

Practice - Topic 2130

Pleadings - Amendment of pleadings - Leave - General - One of the defendants in an action applied for an order striking amendments made by the plaintiff in its statement of claim on the grounds that leave is required to amend so as to set up a new cause of action, or to withdraw an admission and that the amendment raised a new cause of action in which the limita­tion period had expired - The Alberta Court of Queen's Bench disallowed the application and ordered that the action proceed - Further, whatever limitation defences available at the time of the amendment would be preserved.

Cases Noticed:

Baudistel v. Sinton (1915), 9 W.W.R. 291 (Sask. T.D.), refd to. [para. 8].

Minneapolis Threshing Machine Co. v. Clessen, [1950] 2 W.W.R. 574 (Alta. T.D.), refd to. [para. 8].

Tiedemann and Tiedemann v. Rhodes Estate and Western Union Insurance Co. (1984), 55 A.R. 107; 29 Alta. L.R.(2d) 16 (Q.B.), refd to. [para. 8].

Myskiw v. Wynn et al. (1977), 4 A.R. 464; 3 Alta. L.R.(2d) 231 (C.A.), refd to [para. 8].

Sampson & McNaughton Ltd. v. Nicholson (1984), 43 C.P.C. 134 (Ont. H.C.), refd to. [para. 30].

Central Trust Co. v. Rafuse and Cordon (1986), 69 N.R. 321; 75 N.S.R.(2d) 109; 186 A.P.R. 109; 31 D.L.R.(4th) 481 (S.C.C.), refd to. [para. 39].

Statutes Noticed:

Limitation of Actions Act, R.S.A. 1980, c. L-15, sect. 42 [para. 38].

Rules of Court (Alta.), rule 130(1), rule 132 [para. 7].

Authors and Works Noticed:

Black's Law Dictionary (5th Ed. 1979), generally [paras. 29, 33].

Salmond and Heuston, The Law of Torts (19th Ed. 1987), p. 415 [para. 22].

Counsel:

Kent Davidson, for the plaintiffs;

Bryan Burrows, for the defendants.

This matter was heard before Cooke, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on March 7, 1994.