Process of joining parties

Question 1

What is the process for joining parties to a proceeding?

Answer 1

• Same rules apply whether joining Ps or Ds.
• Must get P’s written consent – r9.07
• Even after a writ and a statement of claim have been filed, a party can apply for an order adding a person as a party. The application must be comply with P46 SCR
  1. summons in form 46A; and
  2. affidavit demonstrating the person’s interest in the questions to be determined by the proceedings.
• If the application is granted, the writ must be amended and served as per r9.11.

Question 2

When a party will be joined to the proceedings

Answer 2

• The court can order that a party (X) to be added where (r9.06(b))
  o X ought to have been joined as a party under r9.02; or
  o X’s presence before the court is necessary to ensure that all questions in the proceeding are effectually and completely determined and adjudicated upon; or
  o There is a question between X and P/D which is connected to a claim in the proceeding and it is just and convenient to determine it in the proceedings.
  The court will determine ss8 and p CPA when determining this application.

Question 3

What happens in a party follows the wrong process for joining a party?

Answer 3

o An application will not be defeated because of misjoinder or non-joinder of a party (r9.05)
o the court will determine questions in the proceeding in so far as they affect the rights and interests of the parties.