Case Overview
The case involved Fiesta Barbeques Limited and Wolfedale Engineering Limited (appellants) against Vomar Industries Inc. (respondent). It arose from a 2012 fire caused by a defective barbeque, manufactured by Fiesta and distributed by Wolfedale, which spread to an apartment building owned by Andros Enterprises Ltd. and Astir Investments Ltd. The appellants sought contribution and indemnity from Vomar, alleging it certified the propane tank involved.

Legal Issues
The central issue was whether the limitation period under The Limitations Act, SS 2004, had expired before the third-party claim against Vomar was filed. Specifically, the court examined whether the appellants knew or ought to have known that legal proceedings against Vomar were appropriate as of August 20, 2015. The appellants argued they delayed action because the plaintiffs were seeking to add Vomar as a defendant, but this application failed.

Court’s Decision
The Saskatchewan Court of Appeal upheld the Chambers judge’s ruling that the limitation period had expired. The court found that Fiesta and Wolfedale should have pursued third-party proceedings by August 20, 2017, at the latest, but they delayed until November 22, 2017. The court rejected arguments that the plaintiffs’ actions justified the delay.

Costs Award
The court dismissed the appeal and awarded costs to Vomar Industries Inc. under Column II of the fee schedule, though the precise amount was not specified in the judgment.