What are the tests and the cases about the joinder of parties under s. 7 of the Class Proceedings Act, 1992?

Ontario, Canada


The following excerpt is from R.G. v. The Hospital for Sick Children, 2019 ONSC 5696 (CanLII):

That the tests and the cases under the Rules of Civil Procedure about the joinder of parties apply to the joinder of parties under s. 7 of the Class Proceedings Act, 1992 was the conclusion of Justice Cullity in Joanisse v. Barker,[14] where the plaintiff sought to add 32 putative class members as co-plaintiffs following the dismissal of a motion to certify a class proceeding. Speaking about s. 7, Justice Cullity stated that he should apply the requirements of joinder found in Rule 5 of the Rules of Civil Procedure: …an appropriate exercise of the discretion to permit the proceedings to continue under the ordinary procedure must be compatible with the rules and principles that govern such procedure. In particular…where the plaintiffs are to be added, this should be consistent with the provisions of rules 5.02(1), 5.04(2) and 26.01 and the jurisprudence that bears on their interpretation.

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