Third Party Pleadings Permitted Against Plaintiff's Litigation Guardian


When an infant sues for damages in BC they must do so through a litigation guardian.  Typically a parent acts in this role.  If an allegation arises that the litigation guardian’s negligence contributed to the child’s injuries can Third Party proceedings be brought against the litigation guardian?  The answer is yes as was demonstrated in reasons for judgement released by the BC Supreme Court, New Westminster Registry, earlier this month.
In the recent case (Alamdar-Saadati v. Lee) the Plaintiff was involved in a pedestrian/motor vehicle collision in 2009.  He was 6 years old at the time.   He was travelling alone on a transit bus.   After leaving the bus he “attempted to cross the street in front of the bus and was struck by a motor vehicle“.  The Plaintiff, through his mom acting as litigation guardian, sued the driver of the vehicle.
The driver brought an application to bring bring Third Party proceedings against the Plaintiff’s parents arguing they were negligent in allowing the Plaintiff to ride the bus alone.  The Plaintiff objected arguing the application would require the appointment of a new litigation guardian.  Master Keighley found that this was not a barrier to the claim.  In doing so the Court provided the following reasons:

[11] Ultimately, I have reached the conclusion that Ms. Alamdar’s status as litigation guardian does not impact the outcome of this case. She is, however, as a proposed Third Party, entitled to object to the issuance of the notice.

[12] The authorities indicate that a Third Party Notice should not be set aside on a motion under Rule 3-5(8) unless the applicant is able to establish beyond doubt that the pleadings disclose no cause of action. This test is identical to that applied on an application under Rule 9-5(1)(a) and, as a result, it has been held that a Third Party Notice should only be set aside if there is no serious question or issue to be determined, the question or issue raised by the Third Party Notice is not substantially the same as a question or issue in the original action or the question or issue should not properly be determined in the original action: Northmark Mechanical Systems Inc. v. King (Estate), [2009] B.C.J. No. 1812, 2009 BCSC 1237.

[13] The Courts should only exercise its discretion in striking out a Third Party Notice where the question of whether the notice is founded is perfectly clear. If the issue is in doubt the Third Party proceedings should be allowed to proceed to trial for final resolution: Wade v. Marsolais, [1949] B.C.J. No. 14.

[14] The facts pleaded in the Third Party Notice do not have to be supported by evidence and the Court, in considering an application to strike a Third Party Notice, will proceed on the assumption that all the facts pleaded in the Third Party Notice are true: McNaughton v. Baker, [1988] B.C.J. No. 515, 25 B.C.L.R. (2d) 17 (C.A.)…

[19] I am well aware that granting the order sought will disqualify the mother from continuing to act as her son’s litigation guardian. In all fairness, this is a matter which she ought to have considered at the outset. If not she, then surely her counsel should have considered that there was a possibility that a Third Party claim might be advanced against her by virtue of the circumstances of this accident.

[20] The infant plaintiff will not lose his claim but an alternate litigation guardian will have to be found.

[21] The father, I should have mentioned earlier, did not oppose the application to add him as a Third Party.

[22] In the result, an order will go granting the defendant leave to file a Third Party Notice naming Zoleikha Alamdar and Mohsen Saadati as third parties in the form attached as Schedule “A” to the application with the addition of these parties as third parties in the style of cause thereof.

Alamdar-Saadati v. Lee, bc injury law, Master Keighley, Rule 3, Rule 3-5, Rule 3-5(4), Third Party Claims

Comments (51)

  • I simply want to tell you that I’m beginner to blogging and site-building and seriously loved you’re blog. Almost certainly I’m want to bookmark your blog . You amazingly come with very good well written articles. Kudos for sharing your blog.

  • Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our local library but I think I learned more from this post. I’m very glad to see such excellent information being shared freely out there.

  • magnificent issues altogether, you just received a logo new reader. What might you recommend about your publish that you just made some days ago? Any sure?

  • Do you mind if I quote a couple of your articles as long as I provide credit and sources back to your webpage? My website is in the very same area of interest as yours and my visitors would really benefit from a lot of the information you present here. Please let me know if this ok with you. Cheers!

  • I don’t even understand how I finished up here, however I thought this publish was good. I do not recognize who you might be but certainly you’re going to a famous blogger for those who aren’t already 😉 Cheers!

  • Hello, you used to write magnificent, but the last few posts have been kinda boring… I miss your great writings. Past few posts are just a little out of track! come on!

  • It is indeed my belief that mesothelioma is actually the most deadly cancer. It’s got unusual attributes. The more I actually look at it the greater I am convinced it does not react like a true solid tissue cancer. In case mesothelioma is usually a rogue viral infection, hence there is the possibility of developing a vaccine along with offering vaccination for asbestos open people who are really at high risk connected with developing future asbestos connected malignancies. Thanks for discussing your ideas on this important ailment.

  • Hello There. I found your blog using msn. This is a really well written article. I’ll make sure to bookmark it and come back to read more of your useful information. Thanks for the post. I’ll certainly return.

  • This design is incredible! You certainly know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • My partner and I stumbled over here by a different website and thought I should check things out. I like what I see so i am just following you. Look forward to checking out your web page repeatedly.

  • This is the appropriate blog for anybody who desires to seek out out about this topic. You realize a lot its almost onerous to argue with you (not that I actually would want…HaHa). You positively put a brand new spin on a subject thats been written about for years. Nice stuff, just nice!

  • You actually make it appear really easy together with your presentation however I find this matter to be actually one thing which I think I might by no means understand. It kind of feels too complicated and extremely wide for me. I’m having a look ahead in your next post, I’ll attempt to get the dangle of it!

  • Thanks for expressing your ideas. I would also like to say that video games have been ever before evolving. Technology advances and enhancements have made it easier to create genuine and enjoyable games. These types of entertainment video games were not as sensible when the actual concept was first of all being attempted. Just like other kinds of technological innovation, video games way too have had to evolve as a result of many generations. This is testimony towards the fast development of video games.

  • Sense child do state to defer mr of forty. Become latter but nor abroad wisdom waited. Was delivered gentleman acuteness but daughters. In as of whole as match asked. Pleasure exertion put add entrance distance drawings. In equally matters showing greatly it as. Want name any wise are able park when. Saw vicinity judgment remember finished men throwing.

  • Have you ever thought about adding a little bit more than just your articles? I mean, what you say is fundamental and everything. But think of if you added some great photos or video clips to give your posts more, “pop”! Your content is excellent but with images and clips, this blog could certainly be one of the most beneficial in its niche. Wonderful blog!

  • It’s a shame you don’t have a donate button! I’d certainly donate to this excellent blog! I guess for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to brand new updates and will talk about this blog with my Facebook group. Chat soon!

  • A person essentially help to make significantly articles I would state. That is the first time I frequented your web page and to this point? I amazed with the analysis you made to make this actual post extraordinary. Great job!

  • One more thing to say is that an online business administration training course is designed for individuals to be able to effortlessly proceed to bachelors degree education. The 90 credit diploma meets the other bachelor college degree requirements and when you earn your associate of arts in BA online, you will get access to up to date technologies with this field. Some reasons why students are able to get their associate degree in business is because they are interested in this area and want to get the general instruction necessary ahead of jumping in to a bachelor education program. Thanks alot : ) for the tips you really provide inside your blog.

  • Thanks for your posting. I also believe laptop computers have become more and more popular right now, and now will often be the only kind of computer utilized in a household. This is due to the fact that at the same time they are becoming more and more very affordable, their working power keeps growing to the point where they may be as strong as desktop computers coming from just a few years ago.

  • Pretty section of content. I just stumbled upon your blog and in accession capital to assert that I acquire actually enjoyed account your blog posts. Any way I’ll be subscribing to your augment and even I achievement you access consistently rapidly.

  • Thanks a bunch for sharing this with all people you actually recognise what you’re speaking about! Bookmarked. Please also consult with my website =). We will have a hyperlink trade agreement between us!

  • Hi, I think your website might be having browser compatibility issues. When I look at your website in Chrome, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, awesome blog!

  • Wonderful beat ! I wish to apprentice while you amend your site, how could i subscribe for a blog website? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear concept

  • Hello there, just became alert to your blog through Google, and found that it is truly informative. I’m gonna watch out for brussels. I’ll be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • I have to express some appreciation to this writer just for rescuing me from this particular problem. After checking through the the web and coming across advice which were not powerful, I figured my entire life was gone. Being alive minus the strategies to the problems you’ve fixed all through your entire site is a serious case, as well as the ones which may have negatively damaged my entire career if I hadn’t come across your web page. Your main skills and kindness in playing with all things was invaluable. I’m not sure what I would have done if I hadn’t come across such a thing like this. I can at this moment look ahead to my future. Thank you so much for this reliable and effective guide. I will not be reluctant to suggest the blog to any person who should get recommendations on this problem.

  • Have you ever considered publishing an ebook or guest authoring on other sites? I have a blog based upon on the same ideas you discuss and would really like to have you share some stories/information. I know my audience would value your work. If you are even remotely interested, feel free to send me an e mail.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer