Supreme Court Rules 1987

(1) A third party notice shall be served on the third party within 60 days after it is filed.

(2) Notwithstanding subrule (1), the Court may fix another period for the service of a third party notice either before the notice is filed or at the time it grants leave under rule 11.05(2) to file the notice.

(3) Where a third party notice has not been served on the third party, the Court, from time to time by order, may extend the period for service of the notice for such further period as it thinks fit.

(4) An order may be made under subrule (3) before or after expiry of the period for service.

(5) At the time of service of a third party notice on a third party there shall also be served a copy of:

(a) an order or consent under rule 11.05(2)(b);

(b) an order under subrule (2) made before the third party notice was filed fixing a period for service of the notice;

(c) an order under subrule (3);

(d) the writ or other originating process; and

(e) any pleadings or affidavits filed and served in the proceeding.

(6) Within the period for service of the third party notice on the third party, a copy of the notice shall be served on the plaintiff and on all other parties who have appeared.

(7) If a copy of the third party notice is not served in accordance with subrule (6), the Court may, on application by the plaintiff or the third party, order that the questions between the plaintiff and the defendant be tried before and separately from the questions between the defendant and the third party.