The defendant in this personal injury claim sought liberty to add two individuals as third parties to the proceeding. On the day of the car accident a number of people attended a party in the bush near Lumby, B.C. The claimant was there and was a pedestrian. The proposed third parties were there and were also pedestrians and the defendant says tried to pull him from the vehicle, causing the accident (2016 BCSC 418) .
Leave was necessary in this application because more than 42 days had passed since the defendant was served with the notice of civil claim: see Supreme Court Civil Rule 3-5(4).
The defendant claimed that there was sufficient indirect evidence to support the allegation that the pedestrians caused the claimant’s injuries. The defendant said that his delay in bringing the application was not inordinate and that what delay there has been is reasonable. The delay was, according to the defendant, a consequence of having to obtain the RCMP file and having to locate and interview the various witnesses who were at the party. Supreme Court Civil Rule 6-2(7) authorizes the court to order that a person be added as a party to a proceeding.
In denying the application the judge stated,
 I find that I am not satisfied by the defendant’s explanation for his delay in bringing the application forward… In my opinion the evidence supporting the defendant’s position is scant and unconvincing. It is not sufficient to persuade me that it would be just and convenient to add [the pedestrians] as third parties to the proceeding.
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.