The appellant property manager appealed an interlocutory order dismissing its motion to strike a third party claim brought by the respondent developers.
The respondents sought contribution and indemnity from the appellant for alleged construction deficiencies and maintenance failures at a condominium.
The appellant argued the third party claim should be struck because the respondents did not assert an independent cause of action against it.
The Divisional Court dismissed the appeal, holding that a defendant does not need an independent cause of action against a third party to bring a claim under the Negligence Act, provided the defendant is exposed to joint and several liability for damages caused to the plaintiff.
