What is the actus curiae maxim in the context of third party claims for contribution and indemnity?

The actus curiae maxim has also been referred to more recently, in cases dealing with the issuance of third party claims for contribution and indemnity, which are now subject to a two year limitation period from the date of service of the original claim on the defendant, under s. 18 of the Limitations Act, 2002. In Numainville v. Nanson, 2006 CanLII 27868, [2006] O.J. No. 3274 (S.C.), the court granted leave to a defendant to file and serve a third party claim effective the first return date of the motion to add the claim, invoking the actus curiae principle, where the limitation period had expired by the time the motion was determined. Sandrabalan v. Toronto Transit Commission, 2009 CanLII 18298, [2009] O.J. No. 1610 (S.C.) is to the same effect, although the third party claim that was issued after the expiry of a limitation period was dismissed. Brown J. held that the court could not amend an earlier order of the Master that granted leave to issue the third party claim, where to do so would amount to an appeal of the Master’s order where none had been taken. He observed that nunc pro tunc relief ought to have been requested before the Master at the time that leave was granted (at para. 19).[6]