What is the effect of a defendant filing a draft order of directions in a third party action?
Saskatchewan, Canada
The following excerpt is from Harrington v. Industrial Sales Ltd. and Frederick Parker Limited et al. (Third Parties), 1972 CanLII 859 (SK QB):
The defendant also filed a draft order of directions bearing the consent of the plaintiff. In third-party proceedings the defendant, as far as his relation to third parties is concerned, is in the position of a plaintiff, and third parties in their relation to the defendant are themselves in the position of defendants: Fisher v. McLeod (1912), 1912 CanLII 222 (SK QB), 22 W.L.R. 178, 7 D.L.R. 804 (Sask.). The plaintiff’s consent to the provisions of an order for directions is of little, if any, assistance in deciding whether or not, in the circumstances of the case, third parties should be brought into the action, but it shows that the plaintiff does not object to the entry of third parties into the action and the consequent increase in the ambit of the action.
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