What is the test for establishing that a defendant is not a party to a cause of action?
Manitoba, Canada
The following excerpt is from Fegol v. The National Post Company et al, 2008 MBQB 84 (CanLII):
It is also necessary to link a particular defendant to the allegations giving rise to the cause of action, and to raise facts material to the cause of action pled against the defendant [see Roberts v. Baker, [1992] M.J. 443 (Man. C.A.).
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