Tole v. Lucki,

• Judge: Robertson
• Neutral Citation: 2015 ABQB 231
• Subject Matter: TORTS,LIMITATION OF ACTIONS,PRACTICE
• Citation: 2015 ABQB 231,(2015), 614 A.R. 381 (QBM),614 AR 381,(2015), 614 AR 381 (QBM),614 A.R. 381
• Date: 12 February 2015
• Court: Court of Queen's Bench of Alberta (Canada)

Tole v. Lucki (2015), 614 A.R. 381 (QBM)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. AP.075

Al Tole (plaintiff) v. Neil Lucki, a minor by his guardians ad litem, Jerzy Lucki and Bernadette Lucki, Jerzy Lucki and Bernadette Lucki (defendants)

(1001 11365; 2015 ABQB 231)

Indexed As: Tole v. Lucki

Alberta Court of Queen's Bench

Judicial District of Calgary

Robertson, Master

April 10, 2015.

Summary:

An action was commenced against the defendants in 2010 arising out of a 2008 fire. The defendants applied to add third party defendants to the existing claim, long after the six month deadline imposed by rule 4.45(c) of the Alberta Rules of Court. They sought an extension of time under rule 13.5(2). The additional claim involved contribution for tort liability. The proposed third party defendants opposed the application, raising a limitations issue (Tort-feasors Act). The defendants/applicants claimed that they did not know of the liability of the proposed third party defendants until they received reports from the fire and police officials in 2012. Their counsel circulated a consent order that would have allowed the late filing of the third party claim in 2013, but consent was not given. The present application was not brought until January 2015.

A Master of the Alberta Court of Queen's Bench extended the time to file a third party claim. The court held that circulating the consent order did not amount to seeking a remedial order within the Limitations Act, and the limitation period did not prevent the third party claim.

Limitation of Actions - Topic 3090

Actions in tort - Contribution between tortfeasors - Claim to contribution by way of third party or subsequent party notice - See paragraphs 15 to 49.

Limitation of Actions - Topic 9311

Postponement or suspension of statute - General - Seeking a remedial order - See paragraphs 11 to 14.

Practice - Topic 10

General principles and definitions - Extension of time under rules - See paragraphs 8 to 10.

Practice - Topic 1136

Parties - Third party or subsequent party procedure - Third party notice - Extension of time for issuance or service of - See paragraphs 8 to 10.

Torts - Topic 7394

Joint and concurrent tortfeasors - Contribution between tortfeasors - Limitation period - See paragraphs 15 to 49.

Counsel:

Bruce J. MacLeod (Scott Venturo LLP), for the defendant;

Gregorgy W. Jaycock (Parlee McLaws LLP), for the respondent.

This application was heard on February 12, 2015, in Calgary, Alberta, before Robertson, Master, of the Alberta Court of Queen's Bench, who delivered the following decision on April 10, 2015.