In what circumstances will a defendant be successful in a motion to strike his name out of a personal injury action?
Saskatchewan, Canada
The following excerpt is from Canaday's Apparel Ltd. v. Ross, 1959 CanLII 211 (SK QB):
In Cyr v. O’Flynn, supra, there was a motion by the defendant to strike his name out of the action and to vary a previous order. The plaintiff raised the plea of res judicata and was successful. Newlands, J. considered a number of English cases and concluded on p. 526: “In all these cases the second application was refused because the party had not come properly prepared the first time, and in none of them was the first application heard on its merits.”
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