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Removing, Adding or Substituting a Party After Judgment or a Final Order: Can it be Done, and When?

Rule 15(5) of the Rules of Court governs the adding, removing or substituting of a party at any stage of a proceeding in British Columbia. While there is much common law generated in court decisions interpreting and applying the said Rule in the context of applications to add, remove or substitute a party in a legal proceeding before a judgment or a final order1, there is very little case law on the subject of removing, adding or substituting a party after a final order or judgment. The primary purpose of this article is to review the handful of instructive British Columbia cases, mainly spanning the last half century, where Rule 15(5) (or its equivalent) has been relied upon after judgment to add, remove or substitute a party. The writer’s objective is to provide the reader some guidance on the subject matter by setting out the relevant governing principles.

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