1646274 ALBERTA LTD v 2402806 ALBERTA LTD

The Plaintiff applied to amend its Statement of Claim pursuant to Rule 3.74 to add additional Defendants after obtaining a Consent Judgment against the originally named Defendants.

On March 7, 2023, the Plaintiff commenced the Action against two parties (collectively, the “Current Defendants”). On March 4, 2024, the Plaintiff filed this Application to add five further parties (the “Proposed Defendants”), alleging that they had conspired with the Current Defendants to defraud the Plaintiff. While the Plaintiff and the Proposed Defendants waited to secure a date for the Application in Special Chambers, the Current Defendants consented to Judgment in favour of the Plaintiff on November 28, 2025 (the “Consent Judgment”).

Applications Judge Summers found that additional parties could only be added to an action before a final Judgment is entered. The fact that the Application had been filed prior to the Consent Judgment did not alter this conclusion, in part because the Plaintiff voluntarily entered into the Consent Judgment before the Application was heard.

The Court dismissed the Application. However, Applications Judge Summers also noted that, subject to any limitation issues, the Plaintiff could commence a separate Action against the Proposed Defendants.