Edward J. Chadderton

The plaintiff brought a motion for leave to amend her Statement of Claim and to examine a former employee of the defendant as a non-party witness, after the action had already been set down for trial.

The court granted leave to amend, finding that a change in the law regarding the Consumer Protection Act's application to waivers, the discovery that the witness was no longer employed by the defendant, and the pending summary judgment motion constituted a substantial change in circumstances.

The court also found no non-compensable prejudice to the defendant.

Leave to examine the non-party witness was granted with terms to prevent a reopening of discovery.

The plaintiff suffered catastrophic injuries in a snowboarding accident and sued the resort and others.

In a separate action, the plaintiff sued a rehabilitation centre for negligent care.

The resort brought a third-party claim against the rehabilitation centre in the main action for contribution and indemnity.

The rehabilitation centre moved to strike the third-party claim under Rule 21.01(1)(b).

The court granted the motion, finding that because the plaintiff had expressly limited his claim against the resort to its several share of liability, the resort faced no risk of paying a disproportionate share of damages.

Consequently, the third-party claim for contribution and indemnity was untenable in law.