What is the test for validity of a third party claim?
Saskatchewan, Canada
The following excerpt is from Bank of Montreal v. Ough, Hossier, Willms, Martin, Lennie and Debow, 1985 CanLII 2494 (SK CA):
Under this Rule, the third party claim, no matter what form it took, whether under clause (a), (b) or (c), to be valid had to be entirely dependent upon the main action. It could not enjoy an independent existence. The test for determining the validity of the claim was aptly described by Chitty, J., in Wynne v. Tempest (1897), I Ch. 110, at p. 114: “If the plaintiff failed in the action, would the defendant’s claim against the third party be thereby defeated?”
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