Background: The case involved a multi-party dispute related to the design and construction of a retirement living building in Surrey, British Columbia. The project owner, Prime Time (Abbey Lane) Inc., initiated an action against various defendants, including DGBK Architects and SRC Engineering Consultants Ltd. ("SRC"). The DGBK parties sought contribution from other defendants, including Nemetz (S/A) & Associates Ltd. ("Nemetz").

Legal Issues: SRC sought leave to file a third-party notice against Nemetz after missing the limitation period in the Prime Time action. The DGBK action aimed to secure contribution from defendants regarding losses claimed by Prime Time. The case addressed whether SRC could bypass the expired limitation period by filing within the DGBK action. The primary issue on appeal was whether Associate Judge Harper’s decision to permit the filing was clearly wrong, which would be reviewed for correctness.

Court's Analysis and Rulings: Associate Judge Harper had permitted SRC to file the third-party notice, finding the claim not bound to fail despite its weaknesses and potential statute-barred nature. Justice Tammen concluded that the standard of review was whether the decision was clearly wrong and found it was not. Consequently, the appeal was dismissed.

Costs: The court exercised discretion on costs, ordering that the costs of the appeal be in the cause due to the unusual nature of the claim and the need for further argument development. The appeal was dismissed, allowing SRC to pursue its third-party claim within the DGBK action despite potential limitation defenses.