Does the relationship requirement for an amended statement of claim apply to the administrators of the named defendant’s estate?

Alberta, Canada


The following excerpt is from Crawford v. Acta General Inc., 2007 ABQB 338 (CanLII):

Similarly, in McLaughlin v. Broddy, supra, Wachowich C.J. considered an appeal from a decision of a Master that allowed amendments to a statement of claim to substitute the named defendant with the administrators of the named defendant’s estate. Although the relationship requirement was made out, the knowledge requirement was not. The proposed new defendants had not received knowledge of the added claim within the limitation period from either the deceased or her insurer. The fact that the insurer acted as agent for the insured and had knowledge of the claim did not impute knowledge to the administrators of the insured’s estate.

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