Can a court substitute the proper party?

Alberta, Canada


The following excerpt is from Frank v. King Estate, 1987 ABCA 244 (CanLII):

Counsel for the administratrix concedes that there is power to substitute the proper party under the authority of Ladouceur v. Howarth, 1973 CanLII 30 (SCC), [1974] S.C.R. 1111, but says that there can be no substitution here as that would be “adding something to nothing”.

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