Can a third party claim be struck?
Saskatchewan, Canada
The following excerpt is from D. B. v. Parkland School Division No. 63 Saskatchewan, 2004 SKCA 113 (CanLII):
That power is subject to the power that the court will exercise it only in the clearest of cases.[11] [emphasis added] See also Hunt v. Carey Canada Inc.[12] Based on the above test, the third party claim can be struck only if it is a “clear case.”
Striking out of a third party claim is a discretionary matter. A court of appeal will only interfere with this type of discretionary order if some question of principle is involved or some injustice will result. See The City of Toronto v. British American Oil Co.[13] and A.C. v. H.I.S.[14] V. ANALYSIS OF ISSUE
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