Eert v. Petkau et al.
Beverley Eert
Law Firm / Organization
Pitblado LLP
Lawyer(s)

Kara J. Moore

Ben Petkau
Law Firm / Organization
Unrepresented
Sara Golling
Law Firm / Organization
Myers LLP
Lawyer(s)

Sharna Nelko

Kathleen Dewitt
Law Firm / Organization
Myers LLP
Lawyer(s)

Sharna Nelko

Facts:
Beverley Eert sued Ben Petkau, Sara Golling, and Kathleen DeWitt for defamation and negligence related to a report published by the Green Party of Canada’s Ombuds and Appeals Committee (OAC). Eert alleged that the report falsely portrayed her as contributing to a toxic environment within the party. Golling and DeWitt sought to file a third-party claim against the Green Party of Canada (GPC), its Federal Council, and the Green Party of Canada Fund, arguing they were entitled to indemnification under the party’s bylaws.

Legal Issues:

  1. Whether Golling and DeWitt had a prima facie case against the proposed third parties for contribution, indemnity, breach of contract, and negligent misrepresentation.

  2. Whether the third-party claims were barred by limitation periods under The Limitations Act (Manitoba) and the Limitation Act (British Columbia).

Court's Ruling:
The court ruled that Golling and DeWitt had a prima facie case against the third parties and granted leave to file the third-party claim. The limitation defense was not conclusively proven at this stage and was left for trial. The plaintiff did not oppose the motion, and no undue delay or prejudice was found.

Costs Awarded:
The court awarded costs on the tariff to Golling and DeWitt against the third parties. The costs were to be paid at the conclusion of the action, not forthwith.

Court of King's Bench Manitoba
CI 21-01-33370
Tort law
Defendant