In what circumstances has the Court considered an application to set aside the ex parte joinder of Bavaria?
British Columbia, Canada
The following excerpt is from McIntosh v. Nilsson Bros. Inc., 2005 BCCA 297 (CanLII):
In this case Bavaria became a party defendant within six months after the limitation period expired and six months before the expiry of the additional one year for service of the Writ. If the analysis in Kean v. Blue Boy had been referred to the chambers judge here or to the chambers judge who heard the application to set aside the ex parte joinder of Bavaria, then I believe they would each have reached different decisions.
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