What is the effect of the English Rule on third party proceedings?
Nova Scotia, Canada
The following excerpt is from Modern Construction Ltd. v. Centennial Properties Ltd., 1979 CanLII 2549 (NS CA):
Wynne v. Tempest was decided when the wording of the English Rule was similar to our Rule before 1960 and limited third party proceedings to valid cases of contribution or indemnity. If counsel for the appellant is correct in his submission that our present Rule must receive such a limited interpretation, then undoubtedly third party proceedings could not have been the basis for a proper judgment against his client.
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