PROSPER PETROLEUM LTD v HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, 2020 ABQB 128

ROMAINE J

3.75: Adding, removing or substituting parties to originating application

Case Summary

Romaine J. heard an Application by a third party to have it added as a Respondent to the Action commenced by Originating Application. Rule 3.75 provides that the Court may add a person as a Respondent to an Originating Application “if the Court is satisfied the order should be made.”

The Court determined that there were no legally-recognized interests of the third party that would be affected by the Application, nor would its legal rights be affected. Furthermore, the Court found that adding the third party would cause cost, complexity and delay and it was not just and convenient to add the third party to the Action. Lastly, the Court confirmed that the third party had not established that it had an interest that needed to be protected. The Court denied the Application.

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