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The court adjourned an application for leave to file a fourth party notice, citing unresolved limitation issues under the Limitation Act and allowing further submissions.
The court set aside an earlier order adding Patricia Nielsen as a further third party, noting the matter was close to trial and an immediate decision was needed.
The court refused leave to add the strata as a third party, finding inordinate delay, likely prejudice, and risk to the five-day trial. Costs were awarded to the strata.
The court allowed D&H Group LLP to add the defendant and three directors as third parties, finding the proposed claims raised a bona fide triable issue.
Supplementary reasons dismiss a third parties’ summary judgment application because the indemnity claim depends on unresolved primary claims and counter-claims.
The appeal is allowed because the motion judge failed to give sufficient weight to the fact the claim was a third party action dependent on the main action, the registrar's unclear dismissal order misled counsel, and the asserted prejudice was removed by subsequent events; accordingly the orders of the motion judge and registrar are set aside and the third party claim is reinstated.
Source excerpt
The court granted default judgment on two third-party claims, but dismissed the request for damages to be assessed at trial because it was premature.
The court held that a third party could assess costs under Rule 36(4) after a defendant discontinued its claim against it, and signed the certificate of costs.
The court struck a third party notice after the underlying action was discontinued, and held that Mr. Smith had no cause of action against the solicitor.
The court severed the defendants’ third party proceedings to avoid delaying a long-pending trial and found the defendants would not be materially prejudiced.
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