The appellants appealed a motion judge's refusal to reinstate their third party claim after it was dismissed by the registrar.
The Court of Appeal allowed the appeal, finding that the motion judge failed to attach sufficient weight to the fact that the progression of the third party claim was entirely dependent on the main action, which was still pending.
Furthermore, the form of the registrar's dismissal order had misled counsel, and the motion judge's finding of prejudice was overtaken by the appellants' decision to discontinue claims against the minor third parties.
