Does the Court have any reservations or reservations in granting leave to issue a third party claim?
Ontario, Canada
The following excerpt is from Sale v. O’Grady’s Restaurant, 2011 ONSC 2437 (CanLII):
Medeiros v. Dilworth, above, was followed, apparently with some reservations, by Heeney J. in Misko v. Doe in granting leave to issue the third party claim. It involved two consecutive motor vehicle accidents, two years apart. Actions were commenced in both cases, and the matters were to be tried together. Prior to trial, however, the claim in the first accident was settled. At that point, the defendant in the second accident moved to issue a third party claim against the defendant in the first accident.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for granting leave to issue a third party claim? (Ontario, Canada)
In what circumstances will a court grant leave and certification under the CPA and also grant leave to proceed under Part XXIII of the Securities Act? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Can a plaintiff continue to serve a jury notice to amend their claim once leave is granted to amend the claim? (Ontario, Canada)
What is the test for appeal judges to grant leave to allow a party to argue an entirely new issue on appeal? (Ontario, Canada)
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal? (Ontario, Canada)
When will a court strike a third party claim? (Ontario, Canada)
When will the court award costs to a party who was more successful in settling their claim than the other party? (Ontario, Canada)
What are the factors used by the court in determining whether or not to grant custody of a child to a third party? (Ontario, Canada)
Can a party bring an issue of issue estoppel against the party seeking to relitigate the matter? (Ontario, Canada)
