Legal Blog:

Joinder

The simple question for this newsletter is whether a statement of claim to enforce a claim for lien can also join a trust claim to that lien claim. This issue was dealt with in Devlan Construction Ltd. v. SRK Woodworking Inc., a 2023 decision of the Divisional Court. The answer to the question was dependent on statutory interpretation, an esoteric exercise that lawyers and judges often must perform, but which we normally spare our readers. But not this time. We are going to give you the reasoning behind a relatively simple answer to a simple question – if only so that you understand the intellectual exercises in which lawyers and judges must sometimes engage for a case.

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