In what circumstances have defendants been found in a personal injury action?
British Columbia, Canada
The following excerpt is from Schwager v. Cadillac Fairview Corp. Ltd., 2002 BCSC 413 (CanLII):
In Haw v. Canada Safeway Ltd [1992] BCJ No.435 (BCSC) (Master), the plaintiff sought to add as defendants to the action the third parties named by the named defendants. The court said that the plaintiff was aware of the proposed defendants at least by August 1990 when the named defendants issued a third party notice. The plaintiff failed to provided any explanation for the delay between August 1990 and January 1992 when the application to add the third parties as defendants was brought.
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