What is the test for striking out of a third party claim?

Saskatchewan, Canada


The following excerpt is from D. B. v. Parkland School Division No. 63 Saskatchewan, 2004 SKCA 113 (CanLII):

Striking out of a third party claim is a discretionary matter. A court of appeal will only interfere with this type of discretionary order if some question of principle is involved or some injustice will result. See The City of Toronto v. British American Oil Co.[13] and A.C. v. H.I.S.[14] V. ANALYSIS OF ISSUE

Other Questions


In what circumstances will a third party party be liable if a lamp goes out? (Saskatchewan, Canada)
Can a third party claim be struck? (Saskatchewan, Canada)
What is the test for defeating a third party's claim for damages for trespass? (Saskatchewan, Canada)
What is the test for validity of a third party claim? (Saskatchewan, Canada)
Does a party and a party have to pay additional costs to a mortgage? (Saskatchewan, Canada)
What is the test for claiming unjust enrichment in the context of a claim made by Alice against her former partner in her name? (Saskatchewan, Canada)
Is there any authority for the proposition that only those parties to the interpleader issue have to contribute to contest adverse claims? (Saskatchewan, Canada)
What is the current state of the law on third party procedure in King’s Bench? (Saskatchewan, Canada)
What is the test for determining whether there was connivance between the parties in the context of the definition of a party to a marriage contract? (Saskatchewan, Canada)
What documents are properly to be considered on an application to strike out a statement of claim on the grounds that it discloses no reasonable cause of action? (Saskatchewan, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.