Federal Courts Rules (SOR/98-106)

Regulations are current to 2015-06-09 and last amended on 2015-01-30. Previous Versions

Marginal note:Time for third party claim

 A third party claim against a co-defendant shall be served and filed within 10 days after the filing of the statement of defence.

Marginal note:Third party claim against non-defendant
  •  (1) A third party claim against a person who is not already a party to the action shall be

    • (a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and

    • (b) served within 30 days after it is issued.

  • Marginal note:Copy of pleadings

    (2) A third party claim served on a person who is not already a party to the action shall be accompanied by a copy of all pleadings filed in the action.

Marginal note:Time for defence to third party claim
  •  (1) A third party shall defend the plaintiff's claim against the defendant by filing a statement of defence within the time set out in rule 204.

  • Marginal note:Rights and obligations of third party

    (2) A third party defending the plaintiff's claim against the defendant has the same procedural rights and obligations in the action as the defendant, including those in respect of discovery, trial and appeal.

Marginal note:Hearing of third party claim
  •  (1) Unless the Court orders otherwise, a third party claim shall be heard and decided as part of the action from which it arose.

  • Marginal note:Questions of third party liability

    (2) The Court may order the question of liability as between the third party and the defendant to be tried in such a manner, at or after the trial of the action, as is set out in the order.

Marginal note:Order binding on third party
  •  (1) A third party is bound by any order or determination made in an action between the plaintiff and the defendant who made the third party claim, whether or not the third party defended the plaintiff's claim.

  • Marginal note:Consequences of default of third party defence

    (2) A third party who defends neither the third party claim nor the plaintiff's claim is deemed to admit

    • (a) the validity of any judgment obtained by the plaintiff against the defendant, including a judgment obtained by consent; and

    • (b) the third party's liability to contribute or indemnify to the extent specified in the third party claim.

  • Marginal note:Leave required to enforce default judgment

    (3) A judgment against a third party referred to in subsection (2) shall not be enforced without leave of the Court.