Law360 Canada ( March 9, 2021, 6:09 AM EST) -- Appeal by three defendants from a decision adding them as defendants to a claim of misfeasance in public office that was, but for the order, statute-barred. The appellants were retired teachers who presided over a disciplinary hearing from 2009 to 2011 into the respondent’s conduct as a teacher that arose in 2001. They found him guilty of some allegations of misconduct and imposed a penalty. After those proceedings concluded, the respondent made a human rights complaint, which was dismissed in 2012 and pursued a statutory appeal which was dismissed in 2014 after the College agreed to set aside the decisions of the disciplinary panel. The respondent commenced the present action against the Province in 2015. In September 2019, he sought to add the appellants as defendants. The claim against the appellants was based on alleged unlawful acts relating to the panel’s reasoning for finding him guilty of misconduct, the penalty it imposed, and maintaining the proceedings after a 10-year delay. The judge concluded it was necessary to add the appellants in order to fully and properly adjudicate the claim of misfeasance in public office. The judge therefore concluded that the balance of prejudice favoured adding the appellants and that it was just and convenient to do so. The appellants argued the chambers judge erred by refusing to consider the merits of the proposed claims and by misapprehending the evidence relevant to her assessment of the issues of prejudice and delay....