The appellant appealed a decision of an Associate Justice dismissing her motion to amend her statement of claim to add the Crown and various government ministries as defendants.
On appeal, the appellant abandoned the request to add the ministries and sought only to add the Crown.
The Divisional Court found that the Associate Justice erred in law by failing to apply Rule 5.04(2) of the Rules of Civil Procedure regarding adding parties.
The court granted the appeal, allowing the appellant to add the Crown as a defendant, noting there was no non-compensable prejudice and the Crown was the proper party.
