Can a third party claim for damages arising out of the same factual circumstances?
Newfoundland and Labrador, Canada
The following excerpt is from First Canadian Group Limited v. St. John’s (City), 2022 NLSC 5 (CanLII):
The leading decision on third party procedure in this jurisdiction is that of Green C.J.N.L. in Ryan v. Dew Enterprises Ltd., 2014 NLCA 11. Third party claims were traditionally thought to be limited to claims for contribution and indemnity. Green C.J.N.L. rejected this narrow approach and found that Rule 12.02 should be applied more expansively. He addressed the expanded scope of a potential third party claim at paragraph 68: 68 Accordingly, I conclude, … the question is, as a practical matter, can the defendant, by asserting a separate claim arising out of the same factual circumstances and by recovering damages from the third party on the basis of the third party’s involvement in those circumstances, effectively make the third party ultimately answer in whole or in part for the losses that have occurred? …
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