Is the wrong entity put into the pleading?

Alberta, Canada


The following excerpt is from Rocklake Enterprises Ltd. v. Timberjack Inc., 2001 ABCA 191 (CanLII):

Was the wrong entity put into the pleading? If so, and if a lawyer drafted the pleading, the wrong entity would be put there because that entity was believed to be the one injured (as described in the pleading). Lawyers know that only the person wronged can sue. For example, the information may have passed through several hands, and the lawyer may have been misinformed as to who was injured and taken to the hospital. Or misinformed as to which of several cargo shipments was damaged by the sea. In such a case, one must truly change the party to correct the error. As said in Neis v. Yancey, supra, (para. 14), that is “a deliberate but misinformed decision to omit the” party in question.

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