Court of Appeal for Ontario

Date: 2019-03-26 Docket: C65937

Judges: Feldman, Simmons and Nordheimer JJ.A.

Between

Andrew Clifford Miracle Plaintiff

and

Andrew Clifford Maracle III, Jasmin Johnson and The Canadian Imperial Bank of Commerce (CIBC) Defendants

Counsel

R.A. (Rod) Gram, self-represented

Charles Hammond, for the respondents Andrew Clifford Maracle III and Smokin' Speedway

Heard and released orally: March 22, 2019

On appeal from: the order of Justice Patrick Hurley of the Superior Court of Justice, dated September 10, 2018.

Reasons for Decision

[1] The appellant moved before the motion judge for an order to be added as a party to the action. We agree with the motion judge that there is no basis to add the appellant as a necessary party to the action under r. 5 of the Rules of Civil Procedure.

[2] The appellant was an expert witness on behalf of the plaintiff at the arbitration. His rights as a creditor of the plaintiff, who was successful in the action under which the arbitration was conducted, do not make him a necessary party to the action for the purpose of enforcing the plaintiff's judgment.

[3] To the extent that r. 60.06 was referred to, that rule does not address adding parties to an action and cannot be used for that purpose.

[4] The appeal is therefore dismissed with costs, fixed in the amount of $4,000, inclusive of disbursements and HST.

K. Feldman J.A.

Janet Simmons J.A.

I.V.B. Nordheimer J.A.