Third Party Proceedings

In order to add a party to the proceedings a Third Party Notice must be filed. A third party can be added by a defendant without leave from the court if the Third Party Notice is filed within 42 days of being served with the Notice of Civil Claim. If a defendant wishes to add a third party to the proceedings after 42 days, they must file a chambers application and seek leave from the court. A party who files a Third Party Notice must within 60 days after the date on which it is filed, serve on the third party:

  1. a copy of the Third Party Notice; and,
  2. a copy of any filed pleading that has previously been served by any party to the action. The party who files a Third Party Notice must also promptly serve the filed Third Party Notice on all other parties of record.