January 27, 2017
The Alberta Court of Appeal allows a defendant in one application to be added as a respondent in the appeal of another defendant.
Stoney Tribal Council v. Encana Corp. (2016), 2016 CarswellAlta 2306, 2016 ABCA 391, Sheilah Martin J.A. (Alta. C.A.)
Parties -- Joinder -- Miscellaneous Plaintiff First Nation's tribal council (tribal council) sued railway (CPR), oil company (E corp.) and federal Crown alleging various breaches of council's rights in relation to certain lands and recovery of natural resources -- CPR's application for summary dismissal of action was allowed but similar application by E Corp. was dismissed -- Tribal council appealed summary dismissal of action against CPR -- E corp. applied to be added as respondent to appeal -- Application granted -- E corp. was proper party to appeal as named defendant in underlying action -- E corp. legal interests were engaged and agreed to meet existing deadlines.
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