What is the test for adding a party to a personal injury action?

British Columbia, Canada


The following excerpt is from Cao v Chen, 2020 BCSC 2050 (CanLII):

A party seeking to be added must demonstrate a direct interest in, or that they are directly affected by, the outcome of the proceedings or that their participation is necessary for effectual adjudication. A party may be added where the applicant demonstrates a real issue between themselves and the existing parties and where the court determines that the addition of the party is just and convenient. In determining what is just and convenient, a court must consider whether the proposed party and their claim would effectively hijack the proceedings by increasing the number of parties, issues, and overall scope of the litigation with resulting costs and delays: Gladue v. British Columbia (Attorney General), 2010 BCSC 788 at paras. 11 and 13.

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