Can a plaintiff add to the list of defendants on an appeal from the Master's decision not to name the proposed defendant?
British Columbia, Canada
The following excerpt is from Olin v. Buiel, 1998 CanLII 6237 (BC SC):
The judgment of Collver J. in Cooley v. Siemens (1994), 98 B.C.L.R. (2d) 101 is of assistance. In that case the circumstances were more extreme than those at bar including the fact that the proposed defendant was mentioned in the police accident report and plaintiff's counsel was aware of his involvement. It also appears that there was dilatoriness on the part of the plaintiff's counsel and a deliberate decision not to name the proposed defendant in the original action. Collver J. allowed the appeal from the Master's decision and permitted the plaintiff to add the defendants.
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