Form 29A

Courts of Justice Act

third party claim

(Court file no.)

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N :

(name)

Plaintiff

and

(Court Seal)

(name)

Defendant

and

(name)

Third Party

third party claim

TO THE THIRD PARTY

     A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by way of a third party claim in an action in this court.

     The action was commenced by the plaintiff against the defendant for the relief claimed in the statement of claim served with this third party claim.  The defendant has defended the action on the grounds set out in the statement of defence served with this third party claim.  The defendant’s claim against you is set out in the following pages.

     IF YOU WISH TO DEFEND THIS THIRD PARTY CLAIM, you or an Ontario lawyer acting for you must prepare a third party defence in Form 29B prescribed by the Rules of Civil Procedure, serve it on the lawyers for the other parties or, where a party does not have a lawyer, serve it on the party, and file it, with proof of service, WITHIN TWENTY DAYS after this third party claim is served on you, if you are served in Ontario.

     If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your third party defence is forty days.  If you are served outside Canada and the United States of America, the period is sixty days.

     Instead of serving and filing a third party defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure.  This will entitle you to ten more days within which to serve and file your third party defence.

     YOU MAY ALSO DEFEND the action by the plaintiff against the defendant by serving and filing a statement of defence within the time for serving and filing your third party defence.

     IF YOU FAIL TO DEFEND THIS THIRD PARTY CLAIM, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.  IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.

(Where the third party claim is for money only, include the following:)

     IF YOU PAY THE AMOUNT OF THE THIRD PARTY CLAIM AGAINST YOU, and $......................... for costs, within the time for serving and filing your third party defence, you may move to have the third party claim dismissed by the court.  If you believe the amount claimed for costs is excessive, you may pay the amount of the third party claim and $400 for costs and have the costs assessed by the court.

Date	......................................................................		Issued by	......................................................................
				Local registrar
			Address of court office	......................................................................
				......................................................................

TO (Name and address of third party)

CLAIM

1.     The defendant claims against the third party: (State here the precise relief claimed.)

(Then set out in separate, consecutively numbered paragraphs each allegation of material fact relied on to substantiate the third party claim.)

(Where the third party claim is to be served outside Ontario without a court order, set out the facts and the specific provisions of Rule 17 relied on in support of such service.)

(Date of issue)

(Name, address and telephone number of defendant’s solicitor or defendant)

RCP-E 29A (November 1, 2005)