Can a third party notice be filed after the expiry of the limitation period?
British Columbia, Canada
The following excerpt is from Dhanda v Gill, 2019 BCSC 1500 (CanLII):
In Stephenson v. Bridges, 2018 BCSC 1155, Madam Justice Forth weighed the factors for and against granting leave under Rule 3-5(4) without reference to s. 22(2) of the Limitation Act. However, in that case, counsel agreed that the court had residual discretion under s. 22 to allow the filing of a third party notice after the expiry of a limitation period, citing (oddly, in my view) Herman. In the result, Madam Justice Forth denied leave.
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