In Smithe Residences Ltd. v. 4 Corners Properties Ltd., 2020 BCCA 227, Craig Dennis, Q.C. and Ray Power successfully represented the appellant in an appeal that the Court described as raising novel issues for adding parties and amending pleadings after the expiry of a limitation period. The Court reversed a lower court judgment and granted an application to add defendants after the expiry of a limitation period.
The appellant, 4 Corners Properties Ltd., sued both in its own name and on behalf of two other parties (the Schouw Parties) pursuant to a security agreement. After the limitation period had expired for 4 Corners to bring a separate action against the Schouw Parties, 4 Corners brought an application to amend its existing action and add a claim in debt against the Schouw Parties as defendants. The Court agreed that 4 Corners’ claim against the Schouw Parties was the basis on which 4 Corners had brought the existing action, the two claims were sufficiently connected, and it was just and convenient to permit 4 Corners’ amendment. In reaching this conclusion the Court accepted that in the circumstances the Schouw Parties could be both plaintiffs and defendants in the same action.