The plaintiffs sought leave to amend their Statement of Claim to add numerous corporate and individual defendants in an action alleging oppression and wrongful dismissal related to a restaurant business.
The motion was brought under Rule 5.04(2) to add parties and rectify an improperly filed amended statement of claim.
The court allowed the addition of some proposed defendants, including individuals connected to the directing minds of the business and certain corporate entities, finding that the 'litigating finger' pointed towards them.
However, the court dismissed the request to add a second group of 'New Franchisees,' determining that the pleading did not disclose a tenable cause of action against them and that their addition would lead to unnecessary expense and delay.
Costs were awarded to both partially successful parties.
