The defendants, P. James Wallbridge and Wallbridge, Wallbridge, sought to add the Attorney General of Canada (AGC) as a party defendant to allow for apportionment of liability in a negligence claim related to the Independent Assessment Process (IAP) under the Indian Residential Schools Settlement Agreement (IRSSA).
The plaintiffs alleged the defendants were negligent in failing to ensure a complete documentary record was before the IAP adjudicator.
The defendants argued adding the AGC was necessary for procedural fairness and effective apportionment, especially given the Crown's immunity from non-party discovery.
The court granted the motion to add the AGC but imposed significant limitations on its participation, including no requirement to file pleadings or attend trial (unless summoned), and restricted discovery rights.
