B. G. Thomas R.S.J.

The defendants in a slip and fall action moved for leave to issue a third party claim against a snow removal contractor.

The motion was brought after the expiry of the limitation period for third party claims.

The court dismissed the motion, finding that the defendants were the authors of their own misfortune for the delay.

The court held that the prejudice to the plaintiffs, including the potential for further delay, additional examinations, and the erosion of witness memories, significantly outweighed the interest in avoiding multiple proceedings.