P wanting to join Ds/ claims

Question 1

What is joinder of claims?

Answer 1

• P can join claims against D (r9.01)
• Doesn’t have to be in same capacity for either plf or defendant

Consider r9.04 SCR
o Where the joinder of claims or parties may delay the trial, cause prejudice or is otherwise inconvenient, the court can order separate trials

Question 2

When is joinder of claims permitted? (Permissive joinder of parties )

Answer 2

Plaintiff can join parties (either plaintiffs or defence) – r9.02
Where (r9.02(a)):
* If separate proceeding brought against/by them a common question of law or fact would arise; AND
* All rights to relief arise out of same transaction or series of transactions
Same transaction/series of transactions: transaction must be one where each plf has the same transaction with the defendant. Cannot apply where the claim of each plaintiff arises out of a transaction between the plaintiff and the defendant to which no other plf is a party.

OR
Where the court gives leave to do so (r9.02(b)) – court’s residual discretion
* Wider – could add where they have a common question of fact but where not same transaction.
Consider r9.04 SCR
o Where the joinder of claims or parties may delay the trial, cause prejudice or is otherwise inconvenient, the court can order separate trials

Question 3

What P must join claims?

Answer 3

• Must join where someone else is jointly entitled;
• Where def is jointly liable, P should claim against all persons (otherwise can stay until joined)
• Where jointly and severally liable does not have to join.

Question 4

When is joinder of parties or claims considered inconvenient?

Answer 4

if per r9.01 or 9.02 (not necessary parties) may ‘embarrass or delay the trial or cause prejudice or is otherwise inconvenient’ may order separate trials/removal of parties.

Question 5

When should trials be consolidated?

Answer 5

Where there is:
* Common question of law/fact in all/both proceedings;
* Rights to relief claimed arise out of same transaction/series of transactions; or
* Desirable in the circumstances,
Then, proceeding may be:
* Consolidated tried at the same time;
* Immediately subsequent; or
* Stayed until after determination of other proceeding.