Results | Oct 13, 2016

Success On Appeal And Cross-Appeal Before The Divisional Court

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Jonathan Lisus and Andrew Winton were successful before the Ontario Divisional Court in an appeal and cross-appeal from a lower Court decision concerning the amendment of pleadings. The Court allowed the appeal brought by Farmers Oil & Gas Inc., LOLG’s client, and dismissed the cross-appeal brought by the Ministry of Natural Resources. In an endorsement released on October 12, 2016, Justice Nordheimer confirmed that the issue of whether proposed amendments to a statement of claim pleads a new cause of action turns on whether the proposed amendments arise out of the same facts or factual matrix pleaded in the original claim. Justice Nordheimer concluded that the amendments in dispute all arose from the factual matrix pleaded in Farmers Oil’s original claim and therefore did not plead new causes of action. The Court’s decision can be found here: