The moving defendants sought leave to issue a third party claim for contribution and indemnity against a proposed third party said to have manufactured a component of the crane brake system involved in a motor vehicle accident, or alternatively to consolidate the action with a related contribution and indemnity action.
The court held that, notwithstanding Rule 29.02(1.2), it had no authority to permit commencement of a statute-barred third party claim, and found the claim was discoverable no later than February 23, 2012 and was not advanced within the two-year limitation period under the Limitations Act, 2002.
The court further held that no useful purpose would be served by consolidation because the related actions had already been ordered to be tried together and consolidation would likely add costs through consolidated pleadings.
The motion was dismissed, with costs to the proposed third party.
