Simpler Is Better: Third Party Claims Struck For Efficiency And Proportionality In Recent Court Of Appeal Decision

The "culture shift" to a more accessible civil justice system, as championed in Hryniak v. Mauldin, is alive and well. Courts are increasingly sensitive to the economy of cases, taking into account the efficiency and proportionality of substantive and procedural rights. Today's emphasis is on reasonable not exhaustive measures.

In O'Connor Associates Environmental Inc. v. MEC OP LLC, the Alberta Court of Appeal overturned the decision of a case management judge who permitted the joinder of third party advisors to a main action between a purchaser and vendor of oil and gas assets. This appellate decision incorporates the Hryniak policy rationale of more efficient judicial processes in its decision strike out all claims against the third parties.