Canada Case Law

Royal Bank of Canada v. MacIntyre

Court

Supreme Court of British Columbia

The court set aside the RBC and BDC third party notices under Rule 3-5(8) because they failed to plead facts establishing any entitlement to contribution/indemnity or other connection to the narrow debt claims and would massively and prejudicially expand straightforward debt litigation into broad public law and Charter inquiries; the MacIntyre NOCC was struck under Rule 9-5(1)(a) against AGC and the Province because, assuming pleaded facts true, it was plain and obvious the claims had no reasonable prospect of success given lack of pleaded proximity/duty, statutory immunity (PHA s.92), failur…

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• Third party notice
• Misfeasance in public office
• Negligence
• Statutory immunity
• Charter damages
• Striking pleadings

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The Owners, Strat Plan EPS 677 v. ASPAC Developments Ltd.

Court

Supreme Court of British Columbia

The British Columbia Supreme Court dismissed Dow Silicones’ appeal from an order refusing to strike Cascade Aqua-Tech’s amended third party notice.

• Strike application
• Third party notice
• Pleadings adequacy
• Negligence
• Breach of contract
• Sale of goods act

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Katz v. Kosikar

Court

Supreme Court of British Columbia

The court dismissed a bias recusal request and mostly awarded costs to the defendants, including forthwith costs to Mr. Kosikar, while refusing special costs and summary assessment.

• Costs awards
• Special costs/uplift
• Costs payable in any event of the cause
• Recusal for reasonable apprehension of bias
• Stay of proceedings
• Discontinuance

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Echelon Insurance v. Cube Project Management Ltd.

Court

Supreme Court of British Columbia

The court allowed the Cube Defendants to correct a misnomer in a third party notice, extending service by 60 days and awarding costs.

• Misnomer
• Third party notice
• Amendment of pleadings
• Change of parties
• Abuse of process
• Duplication of proceedings

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Grant Thornton LLP v. Interior Equities Corp.

Court

British Columbia Court of Appeal

The Court of Appeal upheld dismissal of an application to strike a third party notice, holding it was not plain and obvious that the accountant’s conduct could only be raised as a defence or that agency existed.

• Third party notice
• Agency relationship
• Duty of care
• S.4 contribution and indemnity
• Rule 9-5 strike application
• Plain and obvious test

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The Owners, Strata Plan EPS 677 v. ASPAC Developments Ltd.

Court

Supreme Court of British Columbia

Application by Dow Silicones for leave to file a third party notice was dismissed because the proposed notice did not disclose a reasonable cause of action.

• Third party notice
• Leave to file
• Contribution and indemnity
• Joint and several liability
• Reasonable cause of action
• Third-party-notice

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CCR Resort Ltd. v. Jaff Family Resort Holdings Ltd.

Court

Supreme Court of British Columbia

The court dismissed an application to hear a third party claim separately by summary trial, finding it was intertwined with the main action and would not promote efficiency.

• Easement interpretation
• Summary trial
• Third party notice
• Adjournment/dismissal under rule 9-7(11)
• Joinder/severance
• Summary-trial

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Sampare v. 1199 Holdings Ltd.

Court

Supreme Court of British Columbia

Court granted the City leave to file third party notices against Henderson and 7-Eleven, but dismissed the plaintiff’s late application to add them as defendants.

• Third party notice
• Joinder
• Leave to amend
• Limitation period and discoverability
• Contribution and indemnity
• Prejudice and delay

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Malii v. British Columbia

Court

Supreme Court of British Columbia

The court extended the deadline for all primary expert reports to January 10, 2025, rejected tying deadlines to the plaintiffs’ document production, and adjourned part of one application.

• Expert evidence
• Extensions of time
• Case management
• Third party notice
• Expert-evidence
• Extensions-of-time

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Interior Equities Corp. v. Cadence At The Lake Management Ltd.

Court

Supreme Court of British Columbia

Court dismissed Grant Thornton’s application to strike a third party notice, finding it was not plain and obvious the notice was unnecessary under the Adams rule.

• Third party notice
• Negligence act s.4 contribution and indemnity
• Adams rule (necessity of third party claim)
• Agency vs advisory role
• Pleadings strike/summary dismissal
• Third-party-notice

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