Is a third party notice in a claim for contribution and indemnity against Canada valid?
British Columbia, Canada
The following excerpt is from Knight v. Imperial Tobacco Canada Limited, 2009 BCCA 541 (CanLII):
As a result, the chambers judge was correct in striking out the paragraphs in the third party notice relating to the claim for contribution and indemnity against Canada on the basis of allegations of breaches by Canada of the Trade Practice Act. It is not essential to deal with the second sub-issue containing the constitutional question, and the jurisprudence is clear that courts should not decide constitutional issues that are not necessary to a resolution of the case or the appeal: see, for example, Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97, 124 D.L.R. (4th) 129. (b) Duty of Care to Consumers
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