Can a third party notice filed without leave and out of time be a nullity?
British Columbia, Canada
The following excerpt is from Ari v Insurance Corporation of British Columbia, 2020 BCSC 1087 (CanLII):
A third party notice filed without leave and out of time is a nullity, but the court has discretion to preserve the third party notice by granting leave nunc pro tunc (“now for then”): Hendrix v. Handa Travel Student Trip Ltd., 2016 BCSC 620 at paras. 87 and 90. In Hendrix, Master Muir found a third party notice was a nullity and declined to grant leave nunc pro tunc because some of the third parties had not been served.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
What are the factors to take into account on an application for leave to file a third party notice outside the 42-day limitation period? (British Columbia, Canada)
If an application to file a third party notice is brought after 42 days of service, and if joinder will cause an adjournment of the trial, what is the burden on the applicants? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
What is the test for a late-filed third party notice? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a third party notice be filed after the expiry of the limitation period? (British Columbia, Canada)
Does a party apply for an interlocutory injunction without giving notice to the other party? (British Columbia, Canada)
Is it just and convenient to file a third party notice? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
