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Westcan obtained leave to file a fourth party notice against Marsh because its indemnity claim was not discovered until the later amended third party pleading.
The British Columbia Court of Appeal dismissed an appeal challenging two CPLs, holding the pleadings read as a whole disclosed a claim to an interest in land through a substantive constructive trust.
The court dismissed an application to add defendants and amend pleadings because the proposed claims lacked material facts, with liberty to reapply.
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