What is the test set out by Devlin L.J. to determine whether a plaintiff seeks to correct a misnomer or add a new party?
Canada (Federal), Canada
The following excerpt is from Alaska (State) v. Pacific Shore (The), 1997 CanLII 5772 (FC):
Later on, in his reasons, Mr. Justice Bull adopts the test set out by Devlin L.J. in Davies v. Ellsby Bros. Ltd. to determine whether a plaintiff seeks to correct a misnomer or to add a new party. At page 676, Devlin L.J. states1:
"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
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has been successful in obtaining an order for a third party to sue for damages from the third party? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff is eligible to seek relief under the Immigration and Customs Act? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has raised a genuine issue of fact as to whether an employer's nondiscriminatory reasons were pretextual? (MultiRegion, United States of America)
What is the test for determining whether a party engaged in a discriminatory act of discrimination against a third party? (MultiRegion, United States of America)
What is the test for determining whether a party is in a position where the evidence must be considered in the light most favorable to the nonmoving party? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has been successful in their claim for damages from a third party? (MultiRegion, United States of America)
