Arthur D. Little Inc. v. Coopers & Lybrand, [1989] 1 S.C.R. 293

Arthur D. Little Inc. and Arthur D. Little of Canada Ltd. Appellants

v.

Coopers & Lybrand (formerly known as MacDonald, Currie & Co.) Respondent

and

Newman, MacLean & Associates Respondent

Indexed as: Arthur D. Little Inc. v. Coopers & Lybrand

File No. 20521.

1989: March 2.

Present: Wilson, La Forest, L'Heureux‑Dubé, Sopinka and Cory JJ.

on appeal from the court of appeal for manitoba

Civil procedure ‑‑ Third party proceedings ‑‑ Alleged contributory professional negligence ‑‑ Application to strike out third party notices.

APPEAL from a judgment of the Manitoba Court of Appeal (1987), 1987 CanLII 6977 (MB CA), 48 Man. R. (2d) 65, allowing an appeal from a judgment of Scollin J. (1986), 1986 CanLII 5010 (MB QB), 48 Man. R. (2d) 68, dismissing an application to strike out third party notices. Appeal allowed.

William R. Herridge and Charles J. Phelan, for the appellants.

G. T. Campbell, for the respondent Coopers & Lybrand.

No one appeared for the respondent Newman, MacLean & Associates.

The judgment of the Court was delivered orally by

Wilson J. ‑‑ The appeal is allowed, the order of the Court of Appeal set aside, and the order of Scollin J. reinstated. Costs to the appellants both here and in the Court of Appeal in the cause.

Judgment accordingly.

Solicitors for the appellants: Monk, Goodwin, Winnipeg.

Solicitors for the respondent Coopers & Lybrand: Aikins, MacAulay & Thorvaldson, Winnipeg.

Solicitors for the respondent Newman, MacLean & Associates: Tallin & Kristjansson, Winnipeg.