Supreme Court

Decision Information

Silver Streak Holdings Ltd. v Ando Enterprises Ltd. v Caradan Limited

Court Supreme Court
Date 1995-07-18
File numbers CV 02081
Location Yellowknife
Cases and statutes considered Cases considered:
Modern Construction Ltd. v. Centennial Properties Ltd. et al (1979), D.L.R. (3d) 619 (N.S.C.A.)
Canadian Commercial Bank v. Carpenter [1990] 1 W.W.R. 323 (B.C.C.A.)
Lui v. West Granville Manor Ltd., [1987] 4 W.W.R. 49 (B.C.C.A.)
Eli v. Royal Bank of Canada (1985), 68 B.C.L.R. 353 (S.C.)
Allan v. Bushnell T.V. Co. Ltd. et al, [1968] 1 O.R. 720 (C.A.)
Izzard Estate v. Lyle, [1992] N.W.T.R. 205 (C.A.)
Allied Land Services Ltd. v. Bobey (1980), 22 B.C.L.R. 143 (S.C.)

Statutes considered:
R, 137 Rules of Court
Rules of the Supreme Court of the Northwest Territories, Rule 124A
Rules of the Supreme Court of the Northwest Territories, Rule 138
Rules of the Supreme Court of the Northwest Territories, Rule 139
Rules of the Supreme Court of the Northwest Territories, Rule 146
Rules of the Supreme Court of the Northwest Territories, Rule 137(1)
Judicature Act, R.S.N.W.T. 1988, c. J-1
Decision information:

Abstract: Application to strike out a third party claim. Determination of scope and nature of third party proceedings . Determined to not be claims for contribution and indemnity.
Decision: Application to strike out the Third Party Notice is dismissed. The two actions are to be tried at the same time or one after the other subject to the direction of the trial judge. Leave granted to Caradan to amend its Statement of Claim in CV 03738.
Subjects: Civil procedure
Keywords: Third party notice - application to strike

Decision Content

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