What is the test for adding a defendant to a claim under s. 44 of The Queen’s Bench Act?

Saskatchewan, Canada


The following excerpt is from Pantel v. CAA Saskatchewan 152049, 2002 CanLII 23927 (SK PC):

In Stockbrugger v. Wolfe [1986] S.J. 456 (Q.B.)(Q.L.) Mr. Justice Wimmer concluded that paragraph 11 of Section 44 (the predecessor to s. 30 of The Queen’s Bench Act, and which is identical in effect to the present s. 30): “was plainly intended to circumvent insubstantial impediments to the doing of proper justice between the real parties to a dispute. A plaintiff seeking to add a defendant after the expiry of a limitation period need now satisfy only two criteria: first, that the claim against the proposed defendant arose out of the same transaction or occurrence as the original claim; and second, that the proposed defendant will suffer no actual prejudice....”

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