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Successfully represented respondent in application to add defendant to lawsuit concerning misfeasance

Date Closed

June 8, 2022

Lead Office


On June 8, 2022, McCarthy Tétrault represented the successful respondent, Michael Graydon, in an application to add him as a defendant to a lawsuit alleging misfeasance in public office and fraudulent misrepresentation.

In Pinnacle Gaming Solutions Inc. v. BC Lottery Corporation, 2022 BCSC 1177, the B.C. Supreme Court accepted Mr. Graydon’s submission that his participation as a party was not necessary to ensure that all matters in the lawsuit are effectually adjudicated. The court also accepted Mr. Graydon’s submission that, in any event, adding him as a party to the litigation at this late stage—more than six years after the plaintiff filed its notice of civil claim—would not serve the interests of justice.

The court dismissed the plaintiff’s application with costs.

McCarthy Tétrault represented Mr. Graydon with a led by Michael A. Feder, Q.C. that included Connor Bildfell (Litigation).