What is the test for defeating a third party's claim for damages for trespass?
Saskatchewan, Canada
The following excerpt is from Mclvor v. Coldwell, 1917 CanLII 271 (SK QB):
In Wynne v. Tempest [1897] 1 Ch. 110; 66 L.J. Ch. 81 at p. 83, the following test is put, viz: “If the plaintiffs fail in the action, would the defendant’s claim against the third party be thereby defeated?” That does not appear to me to be an absolute test, but it is one of the tests, and in this case the claim of the third party against the fourth party—as far as the damages for trespass are concerned—would be defeated if the plaintiff were unsuccessful.
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