Chapter 7 Part 3- Joinder Flashcards
What does joinder of parties entail?
- It makes it possible for several plaintiffs to join together against a single defendant; or
- Alternatively for single plaintiff to join several defendants together in same matter.
What is a joinder?
It is a procedure by which
1) multiple parties; or
2) multiple causes of action
are joined together in a single action.
What does a joinder of causes of action entail?
Joinder of causes of action makes it possible for plaintiff to join several separate causes of action together against two or more defendants in same legal proceeding.
How would a joinder take effect?
Through a single summons which
- may cite several plaintiffs or defendants (joinder of parties); and
- contain several separate claims based on separate causes of action (joinder of causes of action).
Does joinder of parties and causes of action only apply to action proceedings?
No, also applies in application and provisional sentence proceedings.
What are the advantages of a joinder?
Primary rationale for joinder of parties or causes of action is to save costs and time spent in court and prevent a multiplicity of actions.
What are the types of joinder available in the HC?
Distinction is made between 2 types of joinder in HC, namely:
1) Joinder of convenience (HCR 10); and
2) Joinder of necessity (not set out in rules, determined through common law).
Does joinder of convenience apply in application proceedings?
HCR 10 makes direct reference to action proceedings and joinder on application proceedings inferred from s1 Supreme Court Act, read with HCR 6(14) (holds that applies mutatis mutandis to application proceedings)
Where is joinder dealt with in MC?
- Joinder of parties and joinder defendants in action proceedings (s41 and s42 MC Act)
- Rules don’t directly refer to application proceedings, however may be inferred from MCR 28(2) (“any proceeding”).
What does joinder of convenience allow?
Joinder of convenience (HCR 10) allows court, at its DISCRETION, to permit parties to join/ be joined together in proceedings even though not essential/necessity.
- HCR 10(1) joinder of plaintiffs;
- HCR 10(3) joinder of defendants.
At what time does joinder of parties take place?
Joinder of parties as plaintiffs or defendants may take place during:
1) Litigation stage/pleadings (usually);
2) Preparation of trial; or
3) Trial stage.
In terms of HCR 10, when may a joinder of convenience be allowed?
Plaintiffs (HCR 10(1)) and defendants (HCR 10(3)) may be joined together where matters involve the same question of law or fact.
What does a joinder of necessity entail?
This is where an outside party has or will have a direct/substantial interest(NB!!!) in any order, which court may make in a proceeding, and such a party MUST be joined as of right by the court (unless party has waived right to be joined).
- Unlike joinder of convenience, with joinder of necessity court doesn’t have discretion court must order joinder before granting judgment.
What are examples of instances where joinder is necessary?
Good examples of direct/substantial interest:
1) Co-owners- Case involving common property;
2) All parties to a contract- case involving validity of contract;
3) All beneficiaries- case involving validity of a will;
4) Trustees- when trust sued (unless one trustee nominated to represent trust).
What is a joinder of causes?
HCR 10(2) a plaintiff may join several causes of action together in same proceedings. Can be as follows:
- 1 Summons containing:
a) Multiple claims - each claim= separate cause of action
b) Single claim - based on 2 or more causes of action.
