What is the legal test for requiring a party to join in the defence of a motion?
British Columbia, Canada
The following excerpt is from Wong v. Lee, 2011 BCSC 1087 (CanLII):
The general principle that emerges from the authorities is that the parties who are aligned in interest ought to join in their defence. The awarding of more than one set of costs to parties with the same or similar interests who are nevertheless separately represented is a matter of judicial discretion: Johnson v. Pelkey (1998), 23 E.T.R. (2d) 137, 23 C.P.C. (4th) 277 at para. 35 (B.C.S.C.).
"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
Can a party intentionally refrain from appearing on a notice of motion and instead come along later, at his own convenience, and insist on having the motion reheard? (British Columbia, Canada)
What is the legal test for assessing a party's costs when the defence has been withdrawn or discontinued? (British Columbia, Canada)
What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
Can a secured party to a general security agreement require them to pay legal fees to preserve collateral? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the legal test to enforce a contract where a party is not a party to the contract? (British Columbia, Canada)
What is the legal test required to prove a defence of justification in a defamation case? (British Columbia, Canada)
What is the effect of a motion to have a portion of a ruling regarding party and party costs overturned? (British Columbia, Canada)
In making a preliminary determination on a judicial review application, is it appropriate for the parties to conduct a detailed legal analysis of the parties' positions? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
