What is the test for establishing that a party is not a party to the claim?
British Columbia, Canada
The following excerpt is from Eaglestone v Intact Insurance, 2021 BCSC 271 (CanLII):
This rule is forward looking and requires the applicant to satisfy the court that: 1) there exists a question or issue between a person and the existing party in relation to the subject matter or the relief claimed in the proceeding, and 2) it is just and convenient to do so. Letvad v. Fenwick, 2000 BCCA 630 at para. 21 [Letvad].
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