Hermanson v. Martin, Schmidt, Co-Operative Trust Co. of Canada and Registrar of Regina Land Registration District, (1981) 11 Sask.R. 274 (CA)

• Judge: Bayda, C.J.S., Brownridge and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: September 10, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 11 Sask.R. 274 (CA)

Hermanson v. Martin (1981), 11 Sask.R. 274 (CA)

MLB headnote and full text

Hermanson v. Martin, Schmidt, Co-Operative Trust Company of Canada and Registrar of the Regina Land Registration District (defendants) and Randall (third party)

(No. 7557)

Indexed As: Hermanson v. Martin, Schmidt, Co-Operative Trust Co. of Canada and Registrar of Regina Land Registration District

Saskatchewan Court of Appeal

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

September 10, 1981.

Summary:

The Saskatchewan Court of Queen's Bench granted a defendant leave to issue and serve a third party notice. The third party appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal set aside the third party proceedings.

Practice - Topic 1122

Parties - Third party procedure - When available - Requirement of existence of issues common to all parties - The Saskatchewan Court of Appeal set aside a third party proceeding because the relief claimed by the defendant against the third party was not substantially the same as the relief claimed by the plaintiff against the defendant - See paragraphs 19 and 20.

Practice - Topic 407

Parties - Joinder of defendants - On application by a defendant - The Saskatchewan Court of Appeal referred to circumstances when it was open to a defendant to apply to add a person as a defendant - See paragraph 26.

Cases Noticed:

Newkirk v. International Harvester Company (1965), 53 W.W.R. 368, refd to. [para. 13].

Campbell et al. v. Bartlett and Young, 2 Sask.R. 139; [1979] 3 W.W.R. 571, refd to. [para. 13].

Biron v. Western Export Import Company Limited and Heinrich Lanz Aktiengesellschaft (1961), 35 W.W.R. 539, refd to. [para. 21].

B.A.C.M. Limited v. Foundation Company of Canada Limited and Parsons & Whittemore Pulpmills Inc., [1972] 1 W.W.R. 280, refd to. [para. 22].

Allan v. Bushnell T.V. Co. Ltd.; Broadcast News Ltd. (1968), 67 D.L.R.(2d) 499, refd to. [para. 23].

Statutes Noticed:

Rules of Court (Sask.), Queen's Bench Rule, rule 49 [para. 25]; rule 81(1) [para. 15].

Land Titles Act, R.S.S. 1965, c. 115, sect. 197 [para. 17]; sect. 198, sect. 199 [para. 18].

Counsel:

Gerald M. Kraus, for the appellant;

W.N. Lawton, Q.C., for the respondent, Registrar of the Regina Land Registration District.

This appeal was heard by BAYDA, C.J.S, BROWNRIDGE and HALL, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by BROWNRIDGE, J.A., at Regina, Saskatchewan, on September 10, 1981.