What is the test for adding a witness psychiatrist as a party to an application to add him as a witness?

British Columbia, Canada


The following excerpt is from Stein v. Keebler, 2016 BCSC 2422 (CanLII):

Lower v. Stasiuk, 2013 BCCA 389 was an appeal from an order dismissing an application to add as a party a witness psychiatrist for the purpose of claiming special costs against him. The complaint against the psychiatrist was, in part, that he had participated in editing a letter which had gone into evidence and the editing had created a false impression. The psychiatrist resisted the application to add him as a party arguing primarily that the doctrine of witness immunity precluded his liability for costs. At paragraph 48 of the reasons Levine J.A., with whom the other judges agreed, wrote:

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