Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

DIANNE DeYOUNG, ROY FRENCH,         - and -            CENTRAL REGIONAL HEALTH

MARY HARRISON AND CAROL                            BOARD

HETHERINGTON                                                                 

(Appellants)                                                                                                                (Respondent)

CA 164577                                               Halifax, N.S.                                                  Flinn, J.A.

[Cite as:DeYoung  v. Central Regional Health Board, 2000 NSCA 142]

APPEAL HEARD:                                 December 5, 2000

JUDGMENT DELIVERED:                 December 5, 2000

WRITTEN RELEASE OF ORAL:       December 8, 2000

SUBJECT:         Pleadings - Amendments to statement of claim - Civil Procedure Rule 14.04        

SUMMARY:        Appeal from decision of Chambers judge refusing to allow specific amendment to one paragraph of the statement of claim while allowing other amendments.

RESULT:            Appeal allowed in part.

With the exception of the first sentence of the proposed amendment, the amendment which the appellants requested does not plead facts on which the appellants rely for their claim in this action.  It pleads evidence or proof of certain facts which are alleged by the appellant as part of their claim.  As such it is contrary to Civil Procedure Rule 14.04.