Can rule 130(1) be invoked to support the addition of a new party defendant without a court order?
Saskatchewan, Canada
The following excerpt is from Stat-Data Professional Service Ltd. v. Pheasant Rump #68 - Interim Band Council et al., 1990 CanLII 7783 (SK QB):
In Myskiw v. Wynn, supra, Clement, J.A., speaking for the court, felt rule 130(1) (similar in wording to rule 166) could not be invoked in support of the addition of a new party defendant without a court order, because to do so would result in a conflict between rules. At p. 743 he said: "… If it were otherwise, there would be a direct conflict between the time of eight days given by subrule (2) for filing a defence, and the time of 15 days given in the first instance to a defendant by Rule 85." There is no such conflict in our rules. Rule 169 allows a party to plead to the amended pleadings within eight days "or within the time he then has to plead, whichever is longer".
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