PRACTICE |
Pleadings |
Amendments |
Fox Lake Indian Band v. Reid Crowther & Partners Ltd.
T-501-88
Giles A.S.P.
29/12/00
4 pp.
Motion to add plaintiff, amend statement of claim--Indian Band, C.B.J. Northern Inc. (CBJ), corporation solely owned by Ron Zettergren (RZ), entered into contract for provision of water, sewer services on lands held for Indian Band--Services substantially provided, but project proving not workable--RZ arranged with plaintiff Saunders for advance of money to fund additional work to cure problem--Saunders caused wholly-owned corporation, Rank Electronics Ltd. (Rank) to draw cheques for necessary funds--As security for repayment of advance of funds, CBJ, RZ, Band assigned to Saunders moneys that would be paid to them--Crown, DIAND not paying for additional work--Band, Saunders commencing action against Crown--Band settling--Action by Saunders as assignee of interests of RZ, CBJ--Saunders seeking to add company, Rank, as plaintiff, and to expand claim to include unjust enrichment of Crown lands, quantum meruit in addition to assignment of chose in action--Proposed amending statement of claim not filed--Where new grounds to be alleged, Court must be able to ascertain claim would not be struck out as revealing no cause of action--Where Court does not know what allegations will be in amended statement of claim, amendment should not be permitted--Draft amended statement of claim should be filed to indicate relationship between existing or proposed plaintiffs and Crown--Any action based on unjust enrichment or quantum meruit payments can only be based on assignment of choses in action by persons having direct relationship with Crown--Motion to add party, amend statement of claim dismissed with leave to re-apply exhibiting amended statement of claim.