Canam Enterprises Inc. v. Coles, [2002] 3 S.C.R. 307, 2002
SCC 63
Alan H. Coles Appellant
v.
Canam Enterprises Inc. Respondent
and
CB Commercial Real Estate Group Canada
Inc., Kevin W. Leon and Peter D. Senst Respondents
(Third Parties)
Indexed as: Canam Enterprises Inc. v. Coles
Neutral citation: 2002 SCC 63.
File No.: 28264.
2002: October 8.
Present: McLachlin C.J. and Gonthier, Major, Binnie,
Arbour, LeBel and Deschamps JJ.
on appeal from the court of appeal for ontario
Courts — Abuse of process — Third party claim —
Third party claim not constituting abuse of process.
APPEAL from a judgment of the Ontario Court of Appeal
(2000), 51 O.R. (3d) 481, 194 D.L.R. (4th) 648, 139 O.A.C. 1, 5 C.P.C. (5th)
218, [2000] O.J. No. 4607 (QL), upholding an order of the Superior Court of
Justice (2000), 47 O.R. (3d) 446, [2000] O.J. No. 651 (QL), dismissing a third
party claim. Appeal allowed.
Valerie A. Edwards and Duncan
Embury, for the appellant.
Jeffrey S. Klein and Allen
Wassermuhl, for the respondents (third parties).
The judgment of the Court was delivered orally by
1
The Chief Justice — We
agree with Goudge J.A. that it is not an abuse of process to allow Coles to
bring the claim or require the realtors to defend it. The motion for summary
judgment is dismissed and costs throughout are payable by the third parties.
Judgment accordingly.
Solicitors for the appellant: Torkin Manes Cohen Arbus , Toronto.
Solicitors for the respondents (third parties): Klein &
Schonblum, Toronto.
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