Saskatchewan Institute of Applied Science and Technology et al. v. Hagblom Construction (1984) Ltd. et al., (1999) 189 Sask.R. 159 (CA)

• Judge: Bayda, C.J.S., Vancise and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 23, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 189 Sask.R. 159 (CA)

Inst. of Applied Science v. Hagblom (1999), 189 Sask.R. 159 (CA);

    216 W.A.C. 159

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. JA.074

City of Saskatoon and William Hewitt (third parties/appellants) v. Hagblom Construction (1984) Ltd., Marcel Fortier, Greg Marquis and John Macaroco (defendants/respondents)

(3355)

Indexed As: Saskatchewan Institute of Applied Science and Technology et al. v. Hagblom Construction (1984) Ltd. et al.

Saskatchewan Court of Appeal

Bayda, C.J.S., Vancise and Sherstobitoff, JJ.A.

November 23, 1999.

Summary:

The plaintiffs alleged in an action that the defendants caused a fire in the plaintiffs' building. The defendants added the City of Saskatoon (fire department) and a firefighter as third parties without obtaining leave under s. 7 of the Contributory Negligence Act. The third parties sought to strike out the third party claim on the basis that it did not dis­close a reasonable cause of action and the necessary leave was not obtained.

The Saskatchewan Court of Queen's Bench, in a decision reported [1999] 184 Sask.R. 308, dismissed the appli­cation. The court granted the defendants leave nunc pro tunc to bring the third party proceedings. The third parties appealed.

The Saskatchewan Court of Appeal allowed the appeal and struck the third party claim. The defendants were granted leave to apply to amend the third party claim.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action - The plaintiffs sued the defendants concerning a fire - The defendants added a city (fire department) and a firefighter as third parties alleging negligence in manag­ing the fire and in the post-fire investiga­tion - The third parties sought to strike out the third party claim as not disclosing a reasonable cause of action because, subject to their duty of good faith, they could not be found liable to the defendants in negli­gence (Urban Municipalities Act, s. 136.1(2) and Fire Prevention Act, s. 34) -The trial judge dismissed the application - The Saskatchewan Court of Appeal allow-ed the third parties' appeal and struck the third party claim - The wording of the third party claim required a plea of lack of good faith if it was to constitute a pleading which alleged a reasonable cause of action.

Counsel:

G.D. Young, Q.C., for the appellants;

B.J. Kot, for the respondents.

This appeal was heard on November 23, 1999, before Bayda, C.J.S., Vancise and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal. Bayda, C.J.S., delivered the decision of the court orally on that date and released the following written reasons on December 20, 1999.