Can a third party notice filed without leave and out of time be a nullity?
British Columbia, Canada
The following excerpt is from Ari v Insurance Corporation of British Columbia, 2020 BCSC 1087 (CanLII):
A third party notice filed without leave and out of time is a nullity, but the court has discretion to preserve the third party notice by granting leave nunc pro tunc (“now for then”): Hendrix v. Handa Travel Student Trip Ltd., 2016 BCSC 620 at paras. 87 and 90. In Hendrix, Master Muir found a third party notice was a nullity and declined to grant leave nunc pro tunc because some of the third parties had not been served.
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