Front Gate Financial Group (2010) Ltd. v. TFE Industries Inc. et al.

canada, canadian, case law, court opinion, canlii, nbca, 2026nbca88, 2026 nbca 88 (canlii), 2026, nbca, 88, (canlii), 67-25-ca, 2026, procedure, pleadings, amendment and substitution of parties, rule 5.04(2), rule 27.10, leave to amend to substitute plaintiff, whether s. 21(c) permits substitution and prejudice analysis governs, defendant’s knowledge of the claim and prejudice in defending on the merits, leave to amend granted, appeal allowed, limitation periods, claims added to proceedings, limitation of actions act (new brunswick), ss. 5 and 21(c), whether dismissal on expiry of limitation period without considering s. 21(c) was an error of law, claims added after expiry where related to original pleadings and knowledge avoids prejudice, decision set aside, appeal allowed, procedure, motions, notice of motion requirements, rule 37.03(b), whether amendment motion failed because the notice did not state reliance on rules 5.04(2) and 27.10, non, compliance “can be fatal” but motion judge did not dismiss on that basis, defendants responded substantively, appeal allowed, procedure, summary judgment, remittal, summary judgment motion denied solely because named plaintiff had no entitlement to sue, substitution of plaintiff permitted and leave to amend granted, whether summary judgment should be decided on the merits in the trial court, motion for summary judgment remitted to court of king’s bench for adjudication on its merits