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
1The 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.
2The 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.
3To 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.
4The 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.