What is the test for adding a party to a personal injury claim?
British Columbia, Canada
The following excerpt is from Rochette v Bradburn, 2021 BCSC 1752 (CanLII):
Letvad v. Fenwick, 2000 BCCA 630 at para. 21, provides that a person may be added as a party pursuant to Rule 6-2(7) if the applicant satisfies the court that: a) 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 b) it is just and convenient to do so.
The threshold with respect to the first branch of the test is low: Wells v. San Industries Ltd., 2019 BCSC 1141 at para. 16. In terms of the second branch of the test, the court will consider any delay in seeking to add the individual(s), the reasons for the delay, any prejudice caused by the delay, and the “extent of the connection, if any, between the existing claims and the proposed new cause of action”: Wells at para. 17.
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