Can a third party motion for summary judgment be successful?
Ontario, Canada
The following excerpt is from Sofina Foods Inc. v. Meyn Canada Inc., 2017 ONSC 6957 (CanLII):
The Court of Appeal in Thier, at para. 18, acknowledged that the third parties were procedurally entitled to move for summary judgment, but noted a caveat to the appropriateness of such a motion: Summary judgment is available in the case of third party claims. Rule 20.09 of the Rules of Civil Procedure so provides, and in Bongiardina v. York (Regional Municipality) this court observed that nothing in Rule 20 suggested that third party claims were to be considered on a different footing from the main action. That said, in Bongiardina this court issued a caveat:
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