What is the test for providing evidence to support an application to add parties?
British Columbia, Canada
The following excerpt is from British Columbia v Apotex Inc., 2022 BCSC 1 (CanLII):
As noted above, the court may consider evidence on the first threshold requirement of an application to add parties. However, if evidence is provided, the court is not to weigh the evidence but is limited to examining it only to the extent necessary to determine if the required issue between the parties exists. Evidence is more commonly considered on the second aspect of the test, the discretionary decision of whether it would be just and convenient to decide the issue between the parties in the proceeding. Still, a party is not required to lead evidence to support an application to add parties: Mayer v. Mayer, 2012 BCCA 77 at paras. 215–216.
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