Canam Enterprises Inc. v. Coles, [2002] 3 S.C.R. 307, 2002 SCC 63

Alan H. Coles Appellant

v.

Canam Enterprises Inc. Respondent

and

CB Commercial Real Estate Group Canada Inc., Kevin W. Leon and Peter D. Senst Respondents (Third Parties)

Indexed as: Canam Enterprises Inc. v. Coles

Neutral citation: 2002 SCC 63.

File No.: 28264.

2002: October 8.

Present: McLachlin C.J. and Gonthier, Major, Binnie, Arbour, LeBel and Deschamps JJ.

on appeal from the court of appeal for ontario

Courts — Abuse of process — Third party claim — Third party claim not constituting abuse of process.

APPEAL from a judgment of the Ontario Court of Appeal (2000), 2000 8514 (ON CA), 51 O.R. (3d) 481, 194 D.L.R. (4th) 648, 139 O.A.C. 1, 5 C.P.C. (5th) 218, [2000] O.J. No. 4607 (QL), upholding an order of the Superior Court of Justice (2000), 2000 22340 (ON SC), 47 O.R. (3d) 446, [2000] O.J. No. 651 (QL), dismissing a third party claim. Appeal allowed.

Valerie A. Edwards and Duncan Embury, for the appellant.

Jeffrey S. Klein and Allen Wassermuhl, for the respondents (third parties).

The judgment of the Court was delivered orally by

[1] The Chief Justice — We agree with Goudge J.A. that it is not an abuse of process to allow Coles to bring the claim or require the realtors to defend it. The motion for summary judgment is dismissed and costs throughout are payable by the third parties.

Judgment accordingly.

Solicitors for the appellant: Torkin Manes Cohen Arbus, Toronto.

Solicitors for the respondents (third parties): Klein & Schonblum, Toronto.