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  • C7 Joinder

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    HUI MIN TEH
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    The document discusses the differences between O15R4 and R6(2) for joining parties to a lawsuit. O15R4 allows joining parties without leave of the court if there are common questions of fact or law arising from the same transaction. R6(2) requires leave of the court and applies if the claims occurred on different days, even if there are common questions. In one example, Peter and Nathan could be joined under O15R4 as their matters involved the same transaction, but Claire and Syla could not as their matters occurred on different days, requiring leave under R6(2).

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    The document discusses the differences between O15R4 and R6(2) for joining parties to a lawsuit. O15R4 allows joining parties without leave of the court if there are common questions of fact or law arising from the same transaction. R6(2) requires leave of the court and applies if the claims occurred on different days, even if there are common questions. In one example, Peter and Nathan could be joined under O15R4 as their matters involved the same transaction, but Claire and Syla could not as their matters occurred on different days, requiring leave under R6(2).

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    14 views1 page

    C7 Joinder

    Uploaded by

    HUI MIN TEH
    The document discusses the differences between O15R4 and R6(2) for joining parties to a lawsuit. O15R4 allows joining parties without leave of the court if there are common questions of fact or law arising from the same transaction. R6(2) requires leave of the court and applies if the claims occurred on different days, even if there are common questions. In one example, Peter and Nathan could be joined under O15R4 as their matters involved the same transaction, but Claire and Syla could not as their matters occurred on different days, requiring leave under R6(2).

    Copyright:

    © All Rights Reserved
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    Download as doc, pdf, or txt
    of 1

    C7 Joinder

    How to choose O15R4 vs R6(2)?


    Future
    R4- u have done it yet, going to happen in the future
    Not pending yet...

    Past
    R6-already join, 要不要 add...
    Already pending, already file it.

    O15R4
    The crucial thing is whether or not the leave of court require?
    “as of right” 2 条件都要 fulfilled [w/out leave of court]
    1. If you seek common question of facts or laws
    2. Arises from same transaction

    Illustration in chart...
    可以 sue 两个人 Peter and Nathan in one action?
    YES...both conditions of O15R4 has been met.
    1. Common question of facts or laws
    2. Same transaction

    Can Claire sue Syla in the same transaction?


    Condition 1 has been met but condition 2 not met. It happened on next day.
    Leave order is required under O15R6(2)

    “with leave”

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