Intervention by a third person
Intervention at the request of the defendant
The defendant can request the intervention of a third person:
- to exercise a recourse in warranty against the third person (in other words, to establish the third person’s responsibility); or
- to ensure that the dispute is fully resolved by adding the third person as a co-defendant or impleaded party.
In some cases, a defendant may need to ask the court to force the intervention of a third person.
In this case, the defendant must notify the clerk, giving the name and address of the third person and the reason for the request. The clerk then:
- notifies the plaintiff;
- sends the third person a copy of all relevant documents;
- notifies the third person that his or her presence is required at the defendant’s request;
- informs the third person of his or her options and the related time limits.
The third person may contest being called by contacting the court office, completing the relevant form and paying the related fee.
There is no specific time for requesting the intervention of a third person, but the clerk must be able to notify the persons concerned within a reasonable time before the hearing date.
If the time is too short, a request for postponement must be filed, and the judge decides if a postponement will be granted.
In some cases a third person may decide voluntarily to intervene in a dispute, in order to assert a right in connection with the dispute or to support either party. Voluntary intervention is, however, rare.
To intervene in a dispute, the third person must send a declaration of intervention to:
- the plaintiff;
- the defendant;
- the clerk.