Saskatchewan Transportation Co. v. Royal Bank of Canada and Reid Crowther & Partners Ltd. et al. (No. 1), (1986) 56 Sask.R. 155 (QB)

• Judge: Walker, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: November 26, 1986
• Jurisdiction: Saskatchewan
• Citations: (1986), 56 Sask.R. 155 (QB)

Sask. Transportation Co. v. Royal Bk. (1986), 56 Sask.R. 155 (QB)

MLB headnote and full text

Saskatchewan Transportation Company (plaintiff) v. Royal Bank of Canada and Reid Crowther & Partners Limited (defendants) and Tyndall Development Corporation Ltd. and Herman Rattai (third parties)

(No. 3113 A.D. 1983)

Indexed As: Saskatchewan Transportation Co. v. Royal Bank of Canada and Reid Crowther & Partners Ltd. et al. (No. 1)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Walker, J.

November 26, 1986.

Summary:

The defendant Reid Crowther & Partners served a third party notice without first obtaining leave of the court. The third parties applied to set aside the third party notice against Rattai.

The Saskatchewan Court of Queen's Bench allowed the application and set aside the third party claim. The court granted Reid Crowther & Partners leave to apply for leave to commence third party proceedings.

Reid Crowther & Partners subsequently applied for leave to commence third party proceedings. See the following decision in these reports.

Practice - Topic 1068

Parties - Third party procedure - Application - Requirement of leave - A defendant served a third party notice without leave - The Saskatchewan Court of Queen's Bench set aside the notice for noncompliance with the Queen's Bench Rule 107A (failure to obtain leave), where, in effect, notice of trial had already been given.

Cases Noticed:

Campbell et al. v. Bartlett et al. (1979), 2 Sask.R. 139; 10 C.P.C. 194 (C.A.), refd to. [para. 5].

Statutes Noticed:

Rules of Court (Sask.), Queen's Bench Rules, rule 12D(2) [para. 6]; rule 107A [para. 2].

Counsel:

Gerald Kraus, for the defendant, Reid Crowther & Partners Limited;

Gary G.W. Semenchuck, Q.C., for the third parties.

This application was heard before Walker, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered on November 26, 1986.