The third parties, Sun Life Financial Inc. and Sun Life Assurance Company of Canada, brought a motion to strike the defendants' third-party claim for contribution and indemnity.
The plaintiff had sued the defendants for wrongful termination, claiming damages for lost group benefits, including disability insurance.
The defendants' third-party claim asserted that if the plaintiff became totally disabled while covered by the third parties' policy, then the third parties would be liable.
The court granted the motion to strike, finding that the third-party claim disclosed no reasonable cause of action because the third parties were not alleged to have committed any tort or breach of contract, and the plaintiff's claim against the defendants was limited to damages flowing from wrongful dismissal, not from any fault of the third parties.
