If an application to file a third party notice is brought after 42 days of service, and if joinder will cause an adjournment of the trial, what is the burden on the applicants?
British Columbia, Canada
The following excerpt is from Xu v Yang, 2018 BCSC 393 (CanLII):
If an application to file a third party notice is brought after 42 days of service of the notice of civil claim and after the notice of trial, and if joinder will cause an adjournment of the trial, the onus is on the applicants to provide a compelling explanation for the delay: Tyson Creek Hydro Corporation v. Kerr Wood Leidal Associates Limited, 2013 BCSC 1741 at paras. 50 and 51.
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