What is the test for adding a party to Rule 6-2(7)?
British Columbia, Canada
The following excerpt is from Smithe Residences Ltd. v Boffo Investment Corp., 2019 BCSC 2185 (CanLII):
The Schouw Parties note that subrules (b) and (c) of Rule 6-2(7) are treated differently. Rule 6-2(7)(b) has a narrow application as it is concerned with remedying defects in the proceedings as they stood prior to the application to add a party: Alexis v. Duncan, 2015 BCCA 135 [Alexis], at para. 15. Under that provision, the court must decide if the non-party ought to have been joined as a party or the non-party’s participation in the proceeding is necessary to ensure that all matters may be effectually adjudicated.
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