Process of joining parties Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the process for joining parties to a proceeding?

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When a party will be joined to the proceedings

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly