What is the test for excluding a party from a motion where they have a common law relationship?
British Columbia, Canada
The following excerpt is from J.B. v. British Columbia (Family and Child Service), 1985 CanLII 784 (BC SC):
It is appropriate to cite what was stated in C.A.S. of Metro. Toronto v. Lyttle, 1973 CanLII 13 (SCC), [1973] S.C.R. 568, 10 R.F.L. 131, 34 D.L.R. (3d) 127 at 137-38, where Laskin J. said: “I need no statutory warrant for applying here an elementary principle of natural justice. It is so deeply rooted in our law as to require express words of exclusion before a person with an interest in proceedings governed by statute may be shorn of it without an opportunity to defend it.”
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