395545 ALBERTA LTD (APPOLLO DRUGS AND HERBS) v TELUS COMMUNICATIONS INC, 2012 ABQB 184

MASTER BREITKREUZ

3.73: Incorrect parties not fatal to actions

Case Summary

The Plaintiff applied to add another party as a Plaintiff under Rule 3.73. The proposed Plaintiff was incorporated a year before the Statement of Claim was issued, but was not included as a Plaintiff when the Claim was filed. The proposed Plaintiff carried on business under the same trade name as the Plaintiff and both companies had the same controlling mind behind them. The issue in the Application was whether or not the Limitations Act, RSA 2000, c L-12, barred the addition of the proposed party as a Plaintiff. Master Breitkreuz held that the proposed Plaintiff was a sister company to the Plaintiff and granted the Application.

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