Mitsui & Co. ( Canada ) Ltd. v. Icepearl Shipping Co.
T-675-94
Reed J.
12/10/95
3 pp.
Third party attempting to require plaintiffs to file R. 448(1) affidavits of documents-R. 448 providing every party to action shall file affidavit of documents-Action by defendant against third party separate, independent from main action between plaintiff and defendant-Third party actions joined to main action for convenience-Important to consider nature of particular third party proceeding-No link between plaintiff and third party herein-Third party not seeking right to file defence to plaintiffs' claim against defendants-Third party only having standing to require plaintiff to file R. 448 affidavit of documents when third party given right to defend plaintiff's action against defendant-Application dismissed-Federal Court Rules, C.R.C., c. 663, R. 448 (as am. by SOR/90-846, s. 15).