Marginal note:Misjoinder and nonjoinder
103. (1) No proceeding shall be defeated by reason of the misjoinder or nonjoinder of a person or party.
Marginal note:Issues to be determined
(2) In a proceeding in which a proper person or party has not been joined, the Court shall determine the issues in dispute so far as they affect the rights and interests of the persons who are parties to the proceeding.
Marginal note:Order for joinder or relief against joinder
104. (1) At any time, the Court may
(a) order that a person who is not a proper or necessary party shall cease to be a party; or
(b) order that a person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceeding may be effectually and completely determined be added as a party, but no person shall be added as a plaintiff or applicant without his or her consent, signified in writing or in such other manner as the Court may order.
(2) An order made under subsection (1) shall contain directions as to amendment of the originating document and any other pleadings.
Marginal note:Consolidation of proceedings
105. The Court may order, in respect of two or more proceedings,
(a) that they be consolidated, heard together or heard one immediately after the other;
(b) that one proceeding be stayed until another proceeding is determined; or
(c) that one of the proceedings be asserted as a counterclaim or cross-appeal in another proceeding.
Marginal note:Separate determination of claims and issues
106. Where the hearing of two or more claims or parties in a single proceeding would cause undue complication or delay or would prejudice a party, the Court may order that
(a) claims against one or more parties be pursued separately;
(b) one or more claims be pursued separately;
(c) a party be compensated for, or relieved from, attending any part of the proceeding in which the party does not have an interest; or
(d) the proceeding against a party be stayed on condition that the party is bound by any findings against another party.
Marginal note:Separate determination of issues
107. (1) The Court may, at any time, order the trial of an issue or that issues in a proceeding be determined separately.
Marginal note:Court may stipulate procedure
(2) In an order under subsection (1), the Court may give directions regarding the procedures to be followed, including those applicable to examinations for discovery and the discovery of documents.
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