Duhaime's Law Dictionary


Mis-joinder Definition:

When a person has been named as a party to a law suit when that person should not have been added.

Related Terms: Non-joinder

Sometimes spelled misjoinder (without the hyphen).

From Jowitt's Second Edition:

"Misjoinder, where persons are wrongfully joined as plaintiffs or defendants in an action; in other words, where persons are made parties who ought not to be."

When this is asserted, a court will usually accommodate a request to amend the court documents to strike, or substitute for, the name of the mis-joined party.

Compare with non-joinder.

Mis-joinders, like non-joinders, are often dealt with by the relevant Rules of Court such as this sample from the Supreme Court (Civil) Rules of the Supreme Court of British Columbia, circa 2012, at Rule 22-5(9):

"A proceeding must not be defeated by reason of the misjoinder or nonjoinder of a party and the court may deal with the matter in controversy so far as it affects the rights and interests of the parties before it."

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