Facts: James Hynes sued Professional Diving Contractors Limited (Pro-Dive) and David Squires for defamation, alleging they caused loss by unlawful means and induced a breach of contract. The case lingered in the pleadings stage for over 11 years, with multiple procedural applications. Pro-Dive and Squires sought to file a third party notice against Technip FMC Canada Ltd., alleging it had breached statutory duty, was negligent, and should indemnify and contribute to any damages.

Issues: The court needed to decide if the defendants could file a third party notice without the court's leave, as normally required, and whether the proposed third party claims were valid and could be integrated into the existing litigation.

Court's Ruling: The court dismissed the application, ruling that the defendants must obtain leave to file a third party notice since they had already filed a defence. The court also found that the proposed third party claims did not establish an arguable case for breach of statutory duty, negligence, indemnity, or contribution and could not be accommodated within the existing litigation.

Costs/Damages: The court ordered that James Hynes and the proposed third party, Technip, were entitled to taxed costs and disbursements on Column 4. No financial terms specified.