Can a plaintiff add a new party by amendment?
Alberta, Canada
The following excerpt is from Backtrax Roadhouse Inc. v. Scott, 1998 ABQB 939 (CanLII):
The plaintiff cannot now add a new party by amendment in the absence of special circumstances, such as considered in Basarsky v. Quinlan 1971 CanLII 5 (SCC), [1972] S.C.R. 380.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
Does a plaintiff have to pay costs to both parties even if they have successfully sued only one party? (Alberta, Canada)
In what circumstances will a plaintiff be allowed to amend his Statement of Claim? (Alberta, Canada)
Can a plaintiff amend his Statement of Claim to add a defendant to his Claim? (Alberta, Canada)
Can a pleading be amended no matter how careless or late is the party? (Alberta, Canada)
What is the test for determining whether a third party has been negligent in causing the injury of a plaintiff by accident? (Alberta, Canada)
Is there any case where a motion for leave to amend was considered only of the existing pleadings and the proposed amendments? (Alberta, Canada)
Can a plaintiff amend their statement of claim to add a new cause of action? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
If there is no clear agency between the parties, can the parties be considered fiduciary? (Alberta, Canada)
