Is an opposing or interested party considered to be a party?
Alberta, Canada
The following excerpt is from Re Fricker (Estate of), 2005 ABQB 972 (CanLII):
To the contrary is a recent case from Ontario, Bennett v. Smith (supra). The applicant in that motion, the estate trustee, was making an application for directions. The Judge says: "In the circumstances it may well be arguable as to whether the applicant should be considered as "an opposite or interested party" given that she does not stand to gain anything from the outcome of this application. On the other hand she is a party".
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
If there is no clear agency between the parties, can the parties be considered fiduciary? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
When will the court consider the best interests of the parties in the balance of convenience test? (Alberta, Canada)
When there is shared parenting and joint custody and what factors will the court consider in determining the best interests of the parties? (Alberta, Canada)
Can steps taken by one party be considered in an application under the drop dead rule? (Alberta, Canada)
Can a party who dictates different terms for a contract already formed be considered to be refusing to perform the contract as written? (Alberta, Canada)
Can a party who signed an agreement for sale against the estate of a deceased vendor for an undivided one-half interest in a property be allowed to enter into the record of the transaction? (Alberta, Canada)
What is the qualified privilege, if any, which protects communications that are in the interests of the general interests of society? (Alberta, Canada)
Can the rule of discovery be applied in civil proceedings where the evidence of the opposing parties are in conflict? (Alberta, Canada)
