The defendants appealed a motion judge's order dismissing their third party claim against the officers and directors of the plaintiff corporation.
The Court of Appeal allowed the appeal, finding that the motions judge erred in holding that a claim for contribution could not be maintained and that the representations of the third parties had to be made outside the scope of their office.
The Court held it was not plain and obvious that the third party claim could not succeed, set aside the dismissal, and awarded costs to the appellants.
