Amendment of Pleadings in Ontario - Rule 26

The court will not grant you a remedy unless you have asked for it in your pleadings. Therefore, you may need to amend your pleadings during the course of your court action to properly reflect the facts of your case or the remedies you are seeking from the court. This lecture explains how pleadings are amended in a civil action in Ontario pursuant to the Rules of Civil Procedure.

This lecture is taught by Amer Mushtaq, LL.B., M. Engineering, B.Sc. (Hons.), who is the Principal and Founder of the law firm, Formative LLP. Through this YouTube channel, Amer shares practical advice from his years of legal experience to help anyone access justice and achieve their goals. Subscribe today to learn more.


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Lecture Outline:
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00:04 Introduction to Amendment of Pleading in Ontario (Rule 26); Disclaimer
00:26 What is meant by Amendment of Pleading?
02:37 Why you may need to amend pleadings?
04:53 Right to Amend a Pleading: Rule 26.01
08:08 How do you amend a pleading? Rule 26.03
11:31 How do you actually make the Amendment on the Document?
15:27 Issuance and Service of Amended Pleadings
15:51 Conclusion
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[sergiutanase]

Great information and very well explained. Thank you.

[amalali]

Hello from London, UK. We call our rules here Civil Procedure Rules (CPR). As a claimant I was looking online for something more dynamic than just reading the rules. I watched this and it’s very similar to the procedure here but your explanation of the spirit of the law has been helpful in shedding some light as to how best to proceed. Different system, I know. Thank you!

[markiss]

What forms do I use in Ontario to amend a pleading in family law, or do I just refile the original document I filed earlier and mark the area I am amending out and put the new information in.

[InternetLawman]

What you're doing here is amazing. You should get your forums up and running if you can.

[InternetLawman]

What if I add a party, but need to correct their name/address at a later date?

I submitted the claim on the second anniversary it was discovered. I know that I have 6 months to serve the defendants from the date that the claim is issued. But what if, within those 6 months, I need to make a change to a defendant's name or address?