Division 5Division 5 Joinder of causes of action and joinder of parties
6.18 Joinder of causes of action
(cf SCR Part 8, rule 1; DCR Part 7, rule 1; LCR Part 6, rule 1)
(1) In any originating process, the plaintiff may claim relief against the defendant in respect of more than one cause of action in any of the following circumstances:(a) if the plaintiff sues in the same capacity, and claims the defendant to be liable in the same capacity, in respect of each cause of action,(b) if the plaintiff sues:(i) in his or her capacity as executor of the will of a deceased person, or administrator of the estate of a deceased person, in respect of one or more of the causes of action, and(ii) in his or her personal capacity, but with reference to the estate of the same deceased person, in respect of the remaining causes of action,(c) if the plaintiff claims the defendant to be liable:(i) in his or her capacity as executor of the will of a deceased person, or administrator of the estate of a deceased person, in respect of one or more of the causes of action, and(ii) in his or her personal capacity, and in relation to the estate of the same deceased person, in respect of the remaining causes of action,(d) if the court grants leave for all of the causes of action to be dealt with in the same proceedings.(2) Leave under subrule (1) may be granted before or after the originating process is filed.
6.19 Proceedings involving common questions of law or fact
(cf SCR Part 8, rule 2; DCR Part 7, rule 2; LCR Part 6, rule 2)
(1) Two or more persons may be joined as plaintiffs or defendants in any originating process if:(a) separate proceedings by or against each of them would give rise to a common question of law or fact, and(b) all rights of relief claimed in the originating process are in respect of, or arise out of, the same transaction or series of transactions,or if the court gives leave for them to be joined.(2) Leave under subrule (1) may be granted before or after the originating process is filed.
6.20 Proceedings affecting persons having joint entitlement
(cf SCR Part 8, rules 3 and 4; DCR Part 7, rules 3 and 4; LCR Part 6, rules 3 and 4)
(1) Unless the court orders otherwise, all persons jointly entitled to the same relief must be joined as parties in any claim for that relief that is made by any one or more of them.(2) Unless the court orders otherwise, any other such person is to be joined:(a) as a plaintiff, if he or she consents to being a plaintiff, or(b) as a defendant, if he or she does not consent to being a plaintiff.(3) Despite subrule (1), a person may not be joined as a party to proceedings in contravention of any other Act or law.Note. See, for example, section 62 of the Bankruptcy Act 1966 of the Commonwealth.
6.21 Proceedings affecting persons having joint or several liability
(cf SCR Part 8, rule 5; DCR Part 7, rule 5; LCR Part 6, rule 5)
(1) A person who is jointly and severally liable with some other person in relation to any act, matter or thing need not be a defendant in proceedings with respect to that act, matter or thing merely because the other person is a defendant in those proceedings.(2) In any proceedings in which a defendant is one of a number of persons who are jointly, but not severally, liable in contract or tort, or under an Act or statutory instrument, the court may order that the other persons be joined as defendants and that the proceedings be stayed until those other persons have been so joined.
6.22 Court may order separate trials if joinder of party or cause of action inconvenient
(cf SCR Part 8, rule 6; DCR Part 7, rule 6; LCR Part 6, rule 6)
If the court considers that the joinder of parties or causes of action in any proceedings may embarrass, inconvenience or delay the conduct of the proceedings, the court:(a) may order separate trials, or(b) may make such other order as it thinks fit.
6.23 Effect of misjoinder or non-joinder of parties
(cf SCR Part 8, rule 7 (1); DCR Part 7, rule 7 (1); LCR Part 6, rule 7 (1))
Proceedings are not defeated merely because of the misjoinder or non-joinder of any person as a party to the proceedings.
6.24 Court may join party if joinder proper or necessary
(cf SCR Part 8, rule 8 (1); DCR Part 7, rule 8 (1); LCR Part 6, rule 8 (1))
(1) If the court considers that a person ought to have been joined as a party, or is a person whose joinder as a party is necessary to the determination of all matters in dispute in any proceedings, the court may order that the person be joined as a party.(2) Without limiting subrule (1), in proceedings for the possession of land, the court may order that a person (not being a party to the proceedings) who is in possession of the whole or any part of the land (whether in person or by a tenant) be added as a defendant.
6.25 Joinder as plaintiff requires party’s consent
(cf SCR Part 8, rule 8 (2); DCR Part 7, rule 8 (2); LCR Part 6, rule 8 (2))
A person is not to be joined as a plaintiff in any proceedings except with his or her consent.
(cf SCR Part 52A, rule 4 (3) and (4))
(1) Except to the extent to which these rules expressly provide, a party may not join another person as a party to any proceedings for the purpose of making an application for costs against the other person.(2) This rule does not apply:(a) if the other person would otherwise be a proper party to the proceedings, or(b) if the party joins the other person by means of a cross-claim in respect of a claim for costs against the party.
6.27 Joinder on application of third party
(cf SCR Part 8, rule 8; DCR Part 7, rule 8; LCR Part 6, rule 8)
A person who is not a party may apply to the court to be joined as a party, either as a plaintiff or defendant.
6.28 Date of commencement of proceedings in relation to parties joined
(cf SCR Part 8, rule 11 (3) and (4); DCR Part 7, rule 11 (3); LCR Part 6, rule 11 (3))
If the court orders that a person be joined as a party, the date of commencement of the proceedings, in relation to that person, is taken to be the date on which the order is made or such later date as the court may specify in the order.