What is the test for a plaintiff to join the successful defendants in a personal injury action?
Alberta, Canada
The following excerpt is from MacLean v. Lumley, 2009 ABQB 33 (CanLII):
The principles underlying the early impositions of the Sanderson and Bullock order are set out in Madam Justice Veit’s decision in Dhingra v. Pham, 2004 ABQB 973. The three part test is as follows: (a) was it reasonable for the plaintiff to join the successful defendants, given the circumstances; (b) is there any good reason to deprive the successful defendants of costs; and (c) were the unsuccessful defendants, vis-a-vis the successful defendants, wholly responsible for the action.
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