Improper to add a party merely to obtain evidence or a discovery

Although it seems obvious, persons ought not to be joined in a proceeding merely so that their evidence is available.

Evidence can be obtained at trial. If their is a genuine need to examine a person for discovery the examination of a non-party rules can be employed.

Absent a proper claim, or some legally required reason that a person be bound 'in personem', a person ought not to be added as a party.

Hence this week's Court of Appeal decision in D & A v. Groothuis, 2009 ONCA 431 notes:

We agree with the motion judge that Ms. Truemner is not a person "whose presence is necessary to enable the court to adjudicate effectively on the issue" within the meaning of rule 5.03.  The claim asserted by the appellant against his former articling student does not in any way implicate the rights of Ms. Truemner so as to make her presence in this action necessary.  At best, her evidence may be required on to the quantification of his claim which is not sufficient to justify joining her in this proceeding.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

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