The defendant brought a motion to add Shreeji Hospitality of University, LLC Ramada Clarion (the "Owner") as a third party for contribution and indemnity, stemming from a separate incident in North Carolina involving the plaintiff.
The Owner opposed the motion on grounds of delay, non-compensable prejudice, and lack of jurisdiction.
The court dismissed the motion to add the Owner, finding inordinate and unexplained delay, non-compensable prejudice due to loss of records and reduced ability to obtain information from the original third party, and an absence of a real and substantial connection to Ontario for the Owner.
The court also made limited production orders against Progressive Insurance, the insurer for the original third party and the Owner, but declined to order the production of the entire underwriting file.
