Seeking Contribution From Third Parties: The Tort-Feasors Act (Alberta) Applies A Strict Test

In Arcelormittal Tubular Products Roman S.A. v Fluor Canada Ltd. et. al, 2013 ABCA 279 (leave to appeal to the SCC dismissed), Fluor made an application, under Rule 3.68 of the Alberta Rules of Court to have third party notices issued against it (in two separate but related lawsuits) to be struck out in whole or in part.

The Issue: Determining Limitation Period under the Tort-Feasors Act

Fluor contracted with Canadian Natural Resources Limited (CNRL) to provide engineering, procurement and construction services in relation to an oil sands project. CNRL purchased large amounts of steel pipes from EMCO and BHD, two steel pipe suppliers. Both of these companies had bought the pipe from Vass Pipe and Steel (Vass) that had in turn bought the pipe directly from its Romanian manufacturer Arcelormittal Tubular Products Roman S.A (Arcelormittal) and Arcelormittal's North American representative, Mittal Steel North America (Mittal).