Canada Case Law

Maillet v. Deren

Court

Court of Appeal for Ontario

The motion judge did not err in discretion: leave to issue the third party claim was properly denied because the appellant offered no adequate explanation for the long delay, the proposed third party claim had little or no real chance of success on the available evidence, and granting leave would have prejudiced the plaintiff through delay and potential disruption of the litigation guardian arrangement and additional child discovery. The appropriate test for out-of-time third party claims is the extension of time test, considering delay, prejudice and the merits on the low 'real chance' thres…

Source excerpt

• Leave to issue third party claim
• Prejudice assessment
• Delay and extension of time
• Merits threshold
• Parental supervision liability
• Simplified rules

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Sharma v. Mohammed

Court

Supreme Court of British Columbia

The court allowed leave to add a third party, holding that s. 16(a) of the Limitation Act was not triggered by a pleading filed in a different action.

• Limitation period
• Discoverability
• Contribution and indemnity
• Third party notice
• Limitation-period
• Contribution-and-indemnity

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Ari v. Insurance Corporation of British Columbia

Court

British Columbia Court of Appeal

The Court of Appeal dismissed ICBC’s appeal, holding the late third party notice was an irregularity but was properly struck as an abuse of process.

• Leave nunc pro tunc
• Rule 22-7 irregularity
• Rule 3-5(8) striking for abuse
• Vicarious liability
• Certification of common issues
• Multiplicity of proceedings

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Fraser v. Houston et al.

Court

Supreme Court of British Columbia

Application on costs after judgment in a settlement dispute: special costs were refused, affidavit-strike relief was denied, and third party costs were awarded to David Rennie.

• Breach of settlement agreement
• Special costs
• Foreign money claims act
• Court order interest act
• Striking affidavits
• Third party costs

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Oldford v. Canadian Broadcasting Corporation

Court

Supreme Court of Nova Scotia

Pleadings were reopened by the plaintiffs' amendment so the defendants validly issued the third party originating notice within the extended time and did not require leave; however the third party claim alleging maintenance was premature and must be struck out because maintenance requires proof of actual loss and cannot be brought until the maintained action or defence has been concluded; alternatively, adding a new party at the advanced procedural stage would unduly prejudice the proceeding and would have been stayed.

Source excerpt

• Maintenance
• Third party proceedings
• Timing of pleadings
• Implied undertaking rule
• Striking out
• Leave to commence third party claim

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Oxford Holdings Ltd. v. Peoples Trust Co.

Court

British Columbia Court of Appeal

The Court of Appeal adjourned the appeal to allow third-party counsel to state whether the client would accept the Court’s decision as framed.

• Adjournment
• Remittal
• New trial
• Liability of third parties
• Consent to adjudicate third‑party liability
• Appeal

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Schaper v. Sears Canada

Court

Supreme Court of British Columbia

The court refused to sever third party proceedings in a lawn tractor negligence case, finding the issues were intertwined and separate trials would risk duplication and inconsistency.

• Severance
• Rule 5(6)
• Rule 5(7)
• Rule 22(18)
• Prejudice and delay
• Case management

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