Civil Procedure Rules of Nova Scotia  
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Part 17 - Administration

Rule 83 - Amendment

Scope of Rule 83
83.01 (1) This Rule allows a party to amend certain documents the party files.
  (2) This Rule requires a party who wishes to amend a court document to obtain permission from the other parties or a judge, except documents may be amended without permission early in an action.
  (3) A party may amend a court document filed by the party, in accordance with this Rule.
       
Amendment of notice in an action
83.02 (1) A party to an action may amend the notice by which the action is started, a notice of defence, counterclaim, or crossclaim, or a third party notice.
  (2) The amendment must be made no later than ten days after the day when all parties claimed against have filed a notice of defence or a demand of notice, unless the other parties agree or a judge permits otherwise.
  (3) A pleading respecting an undefended claim in an action may be amended at any time, but the party claimed against is entitled to receive notice of the amended pleading in the manner provided in Rule 31 - Notice for notice of an originating document.
       
Amendment of notice in other kind of proceeding
83.03   A party to a proceeding other than an action may amend the notice by which the proceeding is started, or a notice of contest, participation, or contention, with the agreement of the parties affected by the amendment or with permission of a judge.
       
Amendment to add or remove party
83.04 (1) A notice that starts a proceeding, or a third party notice, may be amended to add a party, except in the circumstances described in Rule 83.04(2).
  (2) A judge must set aside an amendment, or part of an amendment, that makes a claim against a new party and to which all of the following apply:
   
(a)
a legislated limitation period, or extended limitation period, applicable to the claim has expired;
   
(b)
the expiry precludes the claim;
   
(c)
the person protected by the limitation period is entitled to enforce it.
  (3) A notice may be amended to remove a party from a proceeding, but the removed party may make a motion for costs or other relief.
       
Amendment of notice of motion
83.05   An amendment to a notice of motion may be made anytime before the notice is delivered to a party, when agreed by each party affected by the amendment, or when permitted by a judge.
       
Response to amended document
83.06 (1) A party to an action who files a document in response to a document that is later amended may amend the response document no more than ten days after the day the responding party is notified of the amendment in accordance with Rule 31 - Notice.
  (2) In any other proceeding, a response document may be filed as the parties agree or a judge permits.
       
Correcting other court documents
83.07 (1) An affidavit is corrected by filing an affidavit explaining and correcting the error before the deadline for filing the uncorrected affidavit, or when the parties agree or a judge permits.
  (2) An order is corrected under Rule 78 - Order.
  (3) Another court document may be corrected by filing an amended document with the agreement of each party affected by the amendment or the permission of a judge.
       
Form of amended document
83.08 (1) An amended document must be prepared in a way that shows all changes to the document, such as by underlining new text and noting where text has been removed or by appending a marked version of the document to a clean version.
  (2) The title of an amended document must be followed by “Amended:” and the date of the amendment.
  (3) An amendment may be made to a statement of claim or defence that forms part of a notice by a document containing the standard heading and the amended statement of claim or statement of defence.
  (4) An amended statement of claim or defence becomes part of the notice to which it relates, although it is not attached.
       
Date of amendment
83.09   A document is amended on the day the amended document is filed, unless an order provides otherwise.
       
Party disentitled to notice
83.10   All of the following apply to a party who is disentitled to notice and against whom an amendment causes a new or greater claim to be made:
   
(a)
the party must be included in an agreement of the parties allowing for the amendment;
   
(b)
the party must be given reasonable notice of a motion for permission of a judge to make the amendment;
   
(c)
the party must be notified of the amendment in a way provided in Rule 31 - Notice, for parties entitled to notice of an interlocutory step in a proceeding.
       
Amendment by judge
83.11 (1) A judge may give permission to amend a court document at any time.
  (2) An amendment cannot be made that has the effect of joining a person as a party who cannot be joined under Rule 35 - Parties, including Rule 35.08(5) about the expiry of a limitation period.
  (3) A judge who is satisfied on both of the following may permit an amendment after the expiry of a limitation period, or extended limitation period, applicable to a cause of action:
   
(a)
the material facts supporting the cause are pleaded;
   
(b)
the amendment merely identifies, or better describes, the cause.
       
Amendment by Court of Appeal
83.12   The Court of Appeal may amend a court document, or correct an order of the court, to the same extent as a judge may do so.
       

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