Supreme Court of Nova Scotia
Citation: Mattatall Estate v. Whitehead, 2016 NSSC 334
Date: 20161207
Docket: Hfx No. 434793
Registry: Halifax
Between:
Elaine Marie Mattatall and David Harold Mattatall through the Estate of James Phillip Mattatall, pursuant to the Fatal Injuries Act, R.S., c. 163, s. 1 and the Survival of Actions Act, R.S., c. 453, s. 1
Plaintiffs
v.
Jason William Whitehead and Toothy Moose Inc.
Defendants
v.
Daniel Mattatall
Third Party
Library Heading
|
Judge: |
The Honourable Justice Suzanne Hood |
|
Heard: |
October 6, 2016, in Halifax, Nova Scotia |
|
Supplemental Written Submissions:
|
October 13 and October 18,
2016 |
|
Written Decision: |
December 7, 2016 |
|
Subject: |
Adding third party: C.P.R. 35.08 and 83.04; Limitation of Actions Act, R.S., c. 258 and S.N.S. 2014, c. 35. |
|
Summary: |
Toothy Moose Inc. is a defendant in a Fatal Injuries Act and Survival of Actions Act lawsuit. It wishes to add a third party who has already been made a third party by the other defendant. |
|
Issues: |
(1) Which Act applies and does Toothy Moose meet the requirements to add a third party?
|
|
Result: |
The 1989 Limitation of Actions Act applies. Third party can be added. |
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.