這不是Form 10A

來源: 2014-07-09 05:06:45 [舊帖] [給我悄悄話] 本文已被閱讀:

這不是Form 10A。F10A是third party claim (defendant's claim against third party),你要的是joinder(co-defendant). 區別是third party claim 是 A <-1-> B <-2-> C (三方兩個官司),joinder是 A <-1-> (B & C) (三方一個官司)。

好好學習。 http://www.isthatlegal.ca/index.php?name=pretrial.small_claims_court_law_ontario#Transfer, Merger and Joinder

(d) Joinder

Another aspect of the general principle that multiple proceedings are discouraged CJA s.138], is that of "joinder". The concept of "joinder" is related to that of merger, but while merger relates to combining related "proceedings" between different courts, "joinder" relates to adding parties (and less often claims) to a proceeding already in the court.

While the Small Claims rules - unlike the more extensive "Rules of Civil Procedure" which apply to the higher courts - do not set out detailed rules for joinder, the Small Claims court is given express discretion in a settlement conference to order "joinder of parties" [R13.03(3)]. Similarly, while the Small Claims Rules are silent as to joinder of claims, the "Rules of Civil Procedure" which govern the procedure in the Superior Court do expressly consider this. As such it would appear that the general jurisdiction provisions of the Small Claims court are broad enough to encompass authority to join unpleaded claims and issues to a proceeding [R1.03(2)].