In 1646274 Alberta Ltd v 2402806 Alberta Ltd, 2026 ABKB 289, Application Judge Summers dismissed an application to amend a statement of claim to add additional defendants on the basis that the Court was functus officio. The basic principle flowing from the case is that after judgment (including a consent judgment) has been entered against all of the parties, the court no longer has jurisdiction to add additional parties.
The Plaintiff had filed an application to add parties as defendants to the Action. The parties exchanged affidavits and conducted questioning as well. Prior to having the application heard, the Plaintiff entered into a consent judgment with the only (as of yet) named Defendants.
Once the consent judgment was entered, the Plaintiff sought to have the application to amend heard. The resisting parties objected on the basis that the court no longer had jurisdiction since the consent judgment was now entered.
The Court dismissed the application to amend, and held that a pleading cannot be amended to add defendants after a consent judgment has been granted against all previously named defendants.