McKesson – Federal Court of Appeal grants amendment to McKesson appeal alleging that it was compromised by Boyle’s J’s comments thereon

Stratas JA found that, although there was no authority directly on point, the considerations respecting whether an amendment to a Notice of Appeal to the Federal Appeal could be made were similar to amendments at the trial level: is the amendment relevant to the determination of the case, would granting the amendment be prejudicial, has the appellant been dilatory and can the new ground of appeal  possibly succeed?

Accordingly, he granted a requested amendment to argue that the detailed reasons of Boyle J. for recusing himself from McKesson compromised the integrity of the appeal.  However, the draft memorandum submitted on this ground (which he arguably implied was "an unpacked, fluffy snowball") was too long (29 pages) to be good advocacy and was ordered to be pared back.

Neal Armstrong.  Summaries of McKesson Canada Corporation v. The Queen under Rule 75, Rule 346.