Lepage v. Board of Education of Regina School Division No. 4, (1996) 150 Sask.R. 233 (QB)

• Judge: Zarzeczny, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 03, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 150 Sask.R. 233 (QB)

Lepage v. Regina School Bd. (1996), 150 Sask.R. 233 (QB)

MLB headnote and full text

Madeleine Lepage (plaintiff) v. The Board of Education of the Regina School Division No. 4 of Saskatchewan (defendant) and The Government of Saskatchewan, City of Regina and Regina District Health Board (proposed third parties)

(1995 Q.B. No. 2876)

Indexed As: Lepage v. Board of Education of Regina School Division No. 4

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Zarzeczny, J.

December 3, 1996.

Summary:

The defendant Board of Education sought to add the Government of Saskatchewan, City of Regina and Regina District Health Board as third parties in six actions. The City of Regina was the only proposed third party opposing the application.

The Saskatchewan Court of Queen's Bench granted the application.

Practice - Topic 1043

Parties - Third party procedure - Applica­tion of limitation periods - A defendant sought to add the City of Regina as a third party in several actions - The application sought to add the third party pursuant to s. 7 of the Contributory Negligence Act - The City of Regina argued that to grant the application would have the result of denying the City the limitation defence otherwise applicable - The Saskatchewan Court of Queen's Bench granted leave to add the City as a third party - Even if the application was made beyond the one year limitation period in s. 314(1)(a) of the Urban Municipality Act, it was being made within the specific limitation period pro­vided for by s. 11 of the Contributory Negligence Act.

Cases Noticed:

Sorenson v. Abrametz and Wilkson (1987), 59 Sask.R. 92 (Q.B.), affd. (1987), 64 Sask.R. 224 (C.A.), refd to. [para. 5].

Saskatchewan Transportation Co. v. Royal Bank of Canada and Reid Crowthers & Partners Ltd. et al. (No. 2) (1986), 56 Sask.R. 157 (Q.B.), refd to. [para. 6].

Gilbert v. Debray et al. (1990), 85 Sask.R. 204 (Q.B.), refd to. [para. 12].

Cominco Ltd. v. Phillips Cables Ltd. et al. (1984), 38 Sask.R. 53 (Q.B.), folld. [para. 18].

Campbell and Campbell v. Bartlett and Young, [1980] 1 W.W.R. 758; 2 Sask.R. 139 (C.A.), folld. [para. 19].

Statutes Noticed:

Contributory Negligence Act, R.S.S. 1978, c. C-31, sect. 11 [para. 14].

Urban Municipality Act, S.S. 1983-1984, c. U-11, sect. 314(1)(a) [para. 8].

Counsel:

R.J. Rath, for the Board of Education;

J.R. McLellan, for the City of Regina;

D.A. McKillop, Q.C., for the Government of Saskatchewan;

R.A. Watson, for the Regina District Health Board.

This application was heard by Zarzeczny, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on Decem­ber 3, 1996.