Campbell and Campbell v. Bartlett and Young, (1979) 2 Sask.R. 139 (CA)

• Judge: Culliton, C.J.S., Brownridge and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 07, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 2 Sask.R. 139 (CA)

Campbell v. Bartlett (1979), 2 Sask.R. 139 (CA)

MLB headnote and full text

Campbell and Campbell v. Bartlett (defendant) and Young (proposed third party)

(No. 7167)

Indexed As: Campbell and Campbell v. Bartlett and Young

Saskatchewan Court of Appeal

Culliton, C.J.S., Brownridge and Hall, JJ.A.

November 7, 1979.

Summary:

This headnote contains no summary.

Practice - Topic 1043

Parties - Third party procedure - Application of limitation period to claim for contribution - The defendant in a negligence action claimed contribution from a medical doctor and applied to join the doctor as a third party - The doctor raised s. 58 of the Medical Profession Act as a bar to the claim for contribution because more than 12 months elapsed since the professional services of the doctor terminated - The Saskatchewan Court of Appeal held that the doctor was properly joined as a third party - The Court of Appeal held that the defendant had a right sui juris under the Contributory Negligence Act to commence proceedings for contribution within one year after the defendant is found liable or settles the claim against him - See paragraph 4.

Cases Noticed:

Morgan v. Ashmore, [1953] 1 All E.R. 328, refd to. [para. 5].

George Wimpey & Co. Ld. v. British Overseas Airways Corporation, [1955] A.C. 169, refd to. [para. 5].

Littlewood v. George Wimpey & Co. Ltd., [1953] 2 All E.R. 915, refd to. [para. 5].

Harvey v. O'Dell Ltd., [1958] 1 All E.R. 657, refd to. [para. 5].

MacKenzie v. Vance (1977), 19 N.S.R.(2d) 381; 74 D.L.R.(3d) 383, folld. [para. 5].

Aleman v. Blair and Canadian Sugar Factories Ltd., [1963] 44 W.W.R. 530, dist. [para. 6].

Johnson v. Vancouver General Hospital and Van Louie, [1974] 1 W.W.R. 239, dist. [para. 7].

Kane et al. v. Haman, 1971 1 O.R. 294, refd to. [para. 8].

Adams v. W.J. Hyatt Limited, [1954] O.W.N. 895, refd to. [para. 8].

Ontario Northland Transport Commission et al. v. New et al. (1975), 4 O.R.(2d) 56, refd to. [para. 9].

Piper v. Spence et al., [1925] 1 W.W.R. 521, dist. [para. 10].

International Formed Tubes Ltd. v. Ohio Crankshaft Co. et al., [1965] 2 O.R. 240, dist. [para. 10].

Statutes Noticed:

Medical Profession Act, R.S.S. 1978, c. M-10, sect. 58 [para. 2].

Contributory Negligence Act, R.S.S. 1978, c. C-31, sect. 11 [para. 3].

Counsel:

R.H. McKercher, Q.C., for the appellant (proposed third party);

G.J.D. Taylor, Q.C., for the respondent (defendant).

This appeal was heard by CULLITON, C.J.S., BROWNRIDGE and HALL, JJ.A., on October 17, 1979.

The judgment of the Court of Appeal was delivered by HALL, J.A., on November 7, 1979, at Regina, Saskatchewan.