“The motion judge did not give Mr. Hill leave to amend the answer in relation to the constitutional claim, presumably on the basis that she had dismissed it. In the circumstances of this case, this was an error in principle. There is a general right to amend pleadings absent non-compensable prejudice: r. 26.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194; r. 11 of the Family Law Rules, 0. Reg. 114/99. Even where the motion is to strike the pleading for failure to disclose a cause of action, the court should consider whether an amendment could remedy the deficiency: Spar Roofing and Metal Supplies Ltd. v. Glynn, 2016 ONCA 296 (CanLII), 348 O.A.C. 330, at para. 37.”