Following a global settlement of claims arising from three motor vehicle accidents, the moving defendants sought to consolidate two actions and amend their pleadings to pursue a crossclaim for contribution and indemnity against another driver and that driver’s insurer.
The court considered Rule 6 of the Rules of Civil Procedure and whether the gateway criteria for consolidation were met.
Because the plaintiff had already executed a full and final release resolving all claims, there were no remaining questions of law or fact between the actions.
The court further held that any contribution and indemnity claim was statute‑barred under the Limitations Act, 2002 because the defendants failed to commence a third party claim within two years of service of the statement of claim.
The motion for consolidation and related relief was therefore denied.
