Is a third party notice valid after the expiry of the limitation period?
Alberta, Canada
The following excerpt is from Kreway v. Renfrew Chrysler Plymouth Ltd., 1972 CanLII 239 (AB QB):
Counsel for the applicant has referred me to a number of case authorities, being with but one exception Ontario decisions (the exception, a Nova Scotia case), which he cites as supporting an affirmative answer to the question last raised. The first of these is the case of Linder v. Hyla, [1962] O.W.N. 13, the headnote of which reads: "Leave to issue a third party notice after the expiration of the limitation period where the party seeking leave was in possession of all the facts indicating the desirability of third party proceedings prior to the expiry of the limitation period, will be refused."
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