Cropley v. Dwyer, Robertson and Tynensen, (1977) 8 A.R. 265 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: August 04, 1977
• Citations: (1977), 8 A.R. 265 (DC)

Cropley v. Dwyer (1977), 8 A.R. 265 (DC)

MLB headnote and full text

Cropley v. Dwyer and Robertson (third party) and Tynensen (third party)

Indexed As: Cropley v. Dwyer, Robertson and Tynensen

Alberta District Court

Judicial District of Lethbridge

Cormack, D.C.J.

August 4, 1977.

Summary:

This headnote contains no summary.

Limitation of Actions - Topic 3090

Actions in tort - Contributions between tortfeasors - Claim to contribution by way of third party notice - Limitation of Actions Act, s. 60(1) - Three motor vehicles were involved in an accident - The plaintiff passenger in one of the cars sued the driver of one of the other cars - The defendant driver claimed contribution from the other drivers by way of third party notice which was served after the expiry of the applicable two year limitation period - The Alberta District Court dismissed an application to set aside the third party proceedings - The District Court held that the third party proceedings were valid by virtue of s. 60(1) of the Limitation of Actions Act.

Cases Noticed:

Mahoney v. C.N.R. and C.P.R., [1924] 3 W.W.R. 113, refd to. [para. 8].

Edmonton Flying Club et al. v. Northward Aviation Ltd. et al., 2 A.R. 390, refd to. [para. 11].

Statutes Noticed:

Limitation of Actions Act, R.S.A. 1970, c. 209, sect. 51 [para. 5]; sect. 60(1) [para. 6].

Tortfeasors Act, R.S.A. 1970, c. 365, sect. 40(1)(c) [para. 9].

Counsel:

W.D. Peterson, for the applicant (third party);

K.H. Lewis, for the respondent (defendant).

The judgment of the Alberta District Court was delivered by CORMACK, D.C.J., at Edmonton, Alberta on August 4, 1977.