What is the test for establishing that the named plaintiff had no interest in the action?
Alberta, Canada
The following excerpt is from Simpson-Sears Ltd. v. Leeds Development Ltd., 1981 CanLII 1086 (AB QB):
I conclude from these authorities that the applicant need not establish that the named plaintiff had no interest in the action and that the sole benefit would accrue to the party sought to be examined. I also conclude that discovery will not be permitted in every case where it is shown that another party will derive some benefit from the action. The decision of Howson J.A. in Gullion v. Burtis, supra, provides some useful guidelines in making this determination which I will now endeavour to apply to the facts of the matter before me.
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