Digests

Decision Information

Decision Content

PRACTICE

Joinder

Appeal from Federal Court order (2004 FC 1645) dismissing motion to add co‑plaintiff—Motions Judge wrong to hold Federal Court Rules, 1998, r. 104(1)(b) required filing of written consent by corporation sought to be added as co‑plaintiff—Person’s consent, signified in manner other than in writing, may be sufficient depending on circumstances— Requirements of r. 104(1)(b) met when counsel informed Judge at hearing corporation consented to joinder as co‑plaintiff—Appeal allowed—Federal Court Rules, 1998, SOR/98‑106, rr. 1, 104(1)(b).

South Yukon Forest Corp. v. Canada (A‑641‑04, 2006 FCA 34, Nadon J.A., judgment dated 27/1/06, 16 pp.)

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.