Amendments to add or remove parties
19.2 Amendments to add or remove parties
(cf SCR Part 20, rule 2(4) and (5); DCR Part 17, rule 2(4) and (5); LCR Part 16, rule 2(3A) and (3B))
Subject to subrules (2) and (3), the amendments that may be made under rule 19.1 include an amendment that would have the effect of adding a party to, or removing a party from, the proceedings.
An amendment that would have the effect of adding a person as a plaintiff in proceedings in which a solicitor is acting for the current plaintiff may not be made unless, at the time the amendment is made, the same solicitor—
is acting for the person to be added, and
certifies on the amended document—
that he or she is acting for the person to be added, and
that the person to be added consents to being added as a plaintiff.
An amendment that would have the effect of removing a party from the proceedings may not be made unless that party consents to being removed from the proceedings.
If a person is added as a party under this rule, the date of commencement of the proceedings in relation to that person is taken to be the date on which the amended document is filed.
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