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Whiskey brand agreement date amendment permitted despite trial delay
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The High Court granted the plaintiff permission to amend his pleadings to change the alleged date of an oral agreement regarding proceeds from a whiskey brand sale, despite the amendment causing a delay in the trial. The original trial date was vacated due to the late disclosure of the plaintiff's intention to amend the pleadings, which had been prepared based on the initial alleged date. The court acknowledged the defendant's preparation efforts based on the original date and ordered the plaintiff to bear 75% of the defendant's costs incurred from the date the plaintiff became aware of the need to amend until the first day of the vacated trial. The court also granted a stay on the costs order, with further court supervision to avoid unnecessary delays in the rescheduled trial.
amendment of pleadings, oral agreement, whiskey brand sale, trial delay, costs order, stay on costs order, High Court, Order 28 Rule 1 RSC, discovery, prejudice, mitigation, party-and-party basis, real questions in controversy, eleventh-hour application, vacated trial date, affidavit evidence, cross-examination, case management.
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