What is the test for adding a party to a claim under R. 15 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Cowan v. Cowan, 1987 CanLII 2567 (BC SC):
A plaintiff seeking to use the rules to add a party must clearly show facts sufficient to persuade the court of the applicability of the portion of R. 15 relied on: Mereigh v. Demco, supra. Both R. 15(5)(a)(ii) and (iii) give a judge the discretion to add the party that fits within the rules.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
Can a plaintiff claim lump sum costs under Rule 66(29) of the Rules of Civil Procedure under Rule 37? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
What is the effect of Rule 30 of the Rule 40A of the Rules of Civil Procedure on an application for a medical examination that comes three weeks before trial? (British Columbia, Canada)
What is the effect of Rule 37B of the Canadian Rules of Civil Procedure and Procedure on the duration and expense of litigation? (British Columbia, Canada)
How have courts in BC used Rule 57(15) of the Rules of Civil Procedure to apportion costs between parties? (British Columbia, Canada)
Can Rule 9-6 of the Rules of Civil Procedure allow summary dismissal of a claim where there are disputed facts in the pleadings? (British Columbia, Canada)
How have the courts dealt with motions under Rule 34 and Rule 19(24)(a) of the Rules of Civil Procedure in a personal injury action? (British Columbia, Canada)
What is the relevance of Rule 11‑6(4) of the Rules of Civil Procedure and Procedure requiring a physical examination? (British Columbia, Canada)
