TERMIUM Plus®

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JONCTION DEFENDEURS [1 record]

Filter results by subject field Alphabetical list of terms

Filter results by subject field

Alphabetical list of terms

Record 1 2006-12-19

English

Subject field(s)
  • Practice and Procedural Law
  • Rules of Court
DEF

Joinder of defendants solely to obtain venue in a jurisdiction in which the action could not otherwise be tried.

CONT

The party claiming pretensive joinder bears the burdens of persuasion and proof. There are two tests for pretensive joinder. Under the first, joinder is pretensive if the petition on its face fails to state a claim against the joined defendant. Under the second, joinder is pretensive if there is, in fact, no cause of action against the joined defendant, even though the petition on its face states a cause of action.

French

Domaine(s)
  • Droit judiciaire
  • Règles de procédure

Spanish

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