The Defendant gas station sought to add a third party snow plow operator to the action. The Plaintiff had asked the Defendant at discoveries in 2015 to advise within 60 days if it intended to issue a third party claim. The Plaintiff contacted the Defendant a further eight times and received no response. The Plaintiff set the matter down for trial in March 2016. At the pre-trial in December 2016, the Defendant advised of its intention to issue a third party claim and the Plaintiff objected. Justice Thomas refused to grant the Defendant leave to issue a third party claim on the basis that there had been ample opportunity for the Defendant to do so and that the Plaintiff would be prejudiced by the further adjournment that would occur if a third party was brought into the action.
