Is it necessary to make a party to a cause where all equitable interest has been assigned over?
Saskatchewan, Canada
The following excerpt is from Can. Bank of Commerce v. Wawanesa Mutual Ins. Co., 1924 CanLII 96 (SK CA):
In the case of Brace v. Harrington (1741) 2 Atk. 235 (26 E.R. 545), Lord Hardwicke, L.C. stated that it was not necessary in every case of assignments where all the equitable interest is assigned over, to make the person who has the legal interest a party. He held, however, that that course must be followed in that case, and allowed the cause to stand over to make the representative of the assignor a party.
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