The plaintiff brought a motion seeking leave to amend the statement of claim to add The Dominion of Canada General Insurance Company ("Dominion") as an additional defendant, intending to advance a claim under a Family Protection Endorsement.
The motion was presented as being "on consent" of all parties.
However, the court found that while the plaintiff and the original defendants had consented, the formal consent of the proposed additional defendant, Dominion, was missing.
The court emphasized that under Rule 26.02(b) of the Rules of Civil Procedure, the formal consent of a person to be added as a party is required for a motion to proceed on consent.
The court declined to sign the order and required supplementary material confirming Dominion's formal consent or a notice of non-opposition before the motion could proceed in writing.
