Kyle Stout

Following a motion regarding third and fourth party claims, the court determined costs.

The third party was unsuccessful in dismissing the defendants' third party claim, and the fourth parties were unsuccessful in striking the third party's fourth party claim.

The court found the third party's position regarding the third party claim to be improper and awarded substantial indemnity costs to the defendants.

Although the fourth parties were unsuccessful, the court awarded them partial costs due to the third party's misleading conduct in issuing the fourth party claim.

The third party was ordered to pay costs to both the defendants and the fourth parties.

The third party brought a motion to either strike the third party claim against it or, alternatively, for leave to continue the fourth party claim against the fourth parties.

The action was originally commenced under the Construction Lien Act, which requires leave to add third or fourth parties.

Leave was not sought when the claims were issued.

The court found that the third party claim was saved by a previous order and acquiescence.

The court granted leave nunc pro tunc to issue the fourth party claim, finding it appropriate as the claim was issued within the limitation period and the action had practically moved to the ordinary track.