The plaintiffs brought a motion to amend their statement of claim to add Edward Ouellette as a defendant and substitute Stephanie Ouellette as the child plaintiff's litigation guardian.
The court expressed a preliminary view that it was problematic for Edward Ouellette to remain a plaintiff asserting Family Law Act (FLA) damages while simultaneously being added as a defendant against whom claims of independent negligence were advanced.
Citing common law principles, the court noted that a person cannot sue themselves for damages based on their own negligence.
The motion was adjourned to allow plaintiff's counsel to consider the court's concerns and propose revised pleadings, with costs reserved.
