What is the test for a pleadings amendment to allow a plaintiff to bring a third party claim?
Canada (Federal), Canada
The following excerpt is from McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4 (CanLII):
Rules 193 and 194 of the Rules contemplate third party claims. The question of whether leave should be granted to commence a third party claim is based on the same factors as are relevant to whether a pleadings amendment should be allowed to introduce a new cause of action: Alberta v. Canada, 2018 FCA 83, 425 D.L.R. (4th) 366 at para. 20. As with the pleadings amendments in this case, the viability of the third party claim turns on whether it has a reasonable prospect of success.
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