Can a foreign defendant be a necessary or proper party to an action?

Alberta, Canada


The following excerpt is from Klondike Helicopters v. Fairchild Republic Co., 1979 CanLII 1017 (AB QB):

Kekewich J. in Collins v. North Br. & Mercantile Ins. Co., supra, at p. 236, also dealt with the question of whether the foreign defendant was a necessary or proper party to an action: “Those words must refer to the action in which the defendant is a necessary and proper party, not to another action, and you cannot make it the same action by putting it into the same writ. It cannot be the meaning of the rule that you can make A and B parties and ask one relief against A and another against B, and say because you have a good cause of action against A therefore you can join B, who is a party out of the jurisdiction, seeking relief against him on another cause of action against him.”

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