Ibrahim v Slater, 2005 ABQB 184

A Third Party made an application for an order for summary judgment under Rules 159 and 162 of the Alberta Rules of Court to dismiss a third party notice filed by the Defendants on March 19, 2002. The remaining Plaintiff in the action, Respondent, opposes the application. The Respondent agrees that summary judgment is available to the Applicant under either Rule 159 or Rule 162, provided the appropriate test is met. The Respondent, as a Plaintiff in this action, bears the responsibility of naming as a Defendant each party that may be liable to the Plaintiff. The fact that the Defendants named the Applicant as a Third Party potentially imposes liability on the Applicant vis-à-vis the Defendants. The Third Party Notice does nothing, by itself, to preserve or protect any cause of action the Respondent may have against the Applicant. The judge held that there is no genuine issue for trial between the Respondent and the Applicant, therefore the application is granted. The Respondent cannot now seek to collapse the entire third party process simply because he failed to name the Applicant as a defendant when he had the opportunity to do so.