Before the Master, and before me, the City did not oppose its addition as a defendant, provided it was without prejudice to its ability to contest, at trial, the issue of late notice under s. 736. The City did not dispute that it was just and convenient that it be added as a defendant. As such, it was, and is, unnecessary to consider the various factors set out in Letvad v. Fenwick, 2000 BCCA 630, at para. 29, namely: the extent of the delay; the reasons for the delay; any explanation put forward to account for the delay; the degree of prejudice caused by delay; and the extent of the connection, if any, between the existing claims and the proposed new cause of action.
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