Knowledge Centre

Seeking Leave from the Court to Issue a Third Party Claim

March 2017 Kelly Santini LLP, Ontario

Farrell v Costco Wholesale2015 ONSC 7783

In this case, Costco brought a motion seeking leave from the court to issue a third party claim. Rule 29.02 of the Rules of Civil Procedure provides that the court must grant a party leave to issue a third party claim, unless doing so would “prejudice” the plaintiff.

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