A complaint that a judge gave insufficient weight to relevant considerations in a case-management decision, without contending that the decision was manifestly unreasonable, does not demonstrate a vitiating error under House v The King. The Aon principles do not create a presumption against amendment; they require all competing considerations to be weighed free from any presumptive tipping of the scales. A judge making case-management decisions may balance competing contingencies about future litigation by resorting to intuition formed by experience, and is not required to make certain findings of fact about future events.
The full text is available to signed-in members.