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Application to Add Defendant to Existing Action Successfully Opposed

January 19, 2016

In McFaul v Ranch-Lewchuk, 2015 ABQB 706, Shawn R. Sipma of CBM Lawyers successfully opposed an Application by the Plaintiff (and the Administrator of the Motor Vehicle Accident Claims Act) to have the driver of a second unidentified vehicle (the “Proposed Defendant”) added as a new Defendant in an existing personal injury action arising out of a single vehicle accident occurring on August 26, 2006. The Plaintiff’s Application was premised on the allegation the Proposed Defendant had caused the accident by “hogging the centre line” on a rural gravel road, resulting in the Plaintiff having to take evasive action to avoid a head-on collision and thereby causing his vehicle to leave the roadway and overturn.

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