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Appeal allowed in part: the Court upheld TSKLH’s joinder as a defendant but set aside leave for TSKLH to advance its own third party Aboriginal title claim.
Because the appellant filed no evidence and the respondent affirmatively denied any third party agreement while establishing that the obligation arose from an independent contract, the motion judge properly granted summary judgment and refused to stay execution; absent evidentiary support for the asserted third party claim there was no basis to disturb the motion judge's decision.
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Application granted to add Neale Engineering as a third party. The Court held the limitation period had not expired because s. 16(a) of the Limitation Act had not been triggered.
The court granted leave to file a late third party claim for contribution and indemnity, leaving the limitation defence to be decided later on a fuller record.
The third party claim was not struck because at this interlocutory stage the court could not determine whether the post-tournament concussion symptoms are divisible from the accident injuries; if the damage is indivisible the material contribution test may apply and defendants may be entitled to contribution under s.3(c) of the Tortfeasors Act, so maintaining the third party claim is permitted pending trial determination of divisibility of damage.
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Federal Court dismissed Canada’s motion to stay a proposed class action, finding no basis for a mandatory stay and no discretionary stay in the interests of justice.
The motion judge correctly found on the appellant's own evidence and the contract acknowledgement that Ms. Lau acted for the respondent, there was no misrepresentation; the issues on the summary judgment motion were distinct from the third party claims so summary judgment was appropriate despite outstanding third party proceedings; any observations regarding the third party claims were not intended to be binding on the court hearing those claims.
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The Federal Court of Appeal held that Simplot's implicit license and acquiescence defences have a reasonable prospect of success and may stand, but the third party claim against Elea must be struck in its entirety without leave to amend because the Federal Court lacks jurisdiction over that claim: its essential nature is contractual and cannot be supported by the Patent Act or by a self-referential reading of the Federal Courts Act, nor can Rule 194 supply jurisdiction.
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The Federal Court stayed six mefloquine injury actions because Canada’s proposed third-party claim against Roche fell outside the Court’s jurisdiction under section 50.1.
Leave was granted to the Voda defendants to file a third party notice in a home warranty defects action. The court found the application timely, non-prejudicial, and just and convenient.
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