The plaintiff, Magil Construction Canada Inc., brought motions seeking to vary a previous order, amend a third-party claim due to corporate amalgamation, and join several proposed third parties under the Construction Act.
The court dismissed the motion to vary the previous order, finding it unnecessary and that the plaintiff failed to meet the requirements of Rule 59.06.
However, leave was granted to amend the third-party claim to reflect the amalgamation and to join Mattina Mechanical Limited, Sola Engineering Inc., and Innocon Inc. as third parties.
The joinder of IFAB Engineering Partners Ltd. was resolved by consent.
The court rejected Innocon's arguments that the third-party claim was a nullity and that the claim against it was statute-barred, finding no undue prejudice or delay would result from the joinder.
