What is the test for a late-filed third party notice?
British Columbia, Canada
The following excerpt is from Graves v Oster, 2019 BCSC 1403 (CanLII):
The court has discretion to allow a late-filed third party notice. The considerations on such an application are as follows: a) prejudice to the parties; b) expiration of limitation period; c) the merits of the proposed claim; d) any delay in proceedings; and e) the timeliness of the application. See Gorden v. Krieg, 2011 BCSC 916 at para. 50, rev’d on other grounds 2011 BCSC 1248.
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