Third Party Claims in Saskatchewan Small Claims Court (Form C)

When a Third Party Claim Applies

Sometimes the person suing you in Provincial Court isn't really the one who should be paying — or at least, not the only one. A third party claim lets you bring another person or business into the lawsuit when you believe they're partly or wholly responsible for the plaintiff's loss.

A common scenario: a customer sues you for C$7,000 over defective renovations, but the defect traces back to a subcontractor whose work failed. You can file a Form C to bring the subcontractor into the same case, so the judge can sort out everyone's liability in one proceeding.

Filing Form C

Third party claims are filed using Form C — Notice of Third Party Claim under The Small Claims Regulations, 2017. The filing fee is C$50, and the form sets out who the third party is, what their connection to the dispute is, and why you believe they should share or assume responsibility.

Unlike a counterclaim (which goes in Form B Section 3 and is directed at the plaintiff), a third party claim brings in someone who isn't currently part of the lawsuit at all.

Service Requirements

You must serve the third party with:

• A copy of the Form C
• A copy of the original claim against you (the Form A Summons and statement of claim particulars)

Service must be done by personal delivery or registered mail, and you need to file proof of service (Form E or Form F affidavit) with the court registry. The court may set specific deadlines for when the third party must be served — follow whatever directions the judge gives at or before the Case Management Conference.

How It Affects the Case

Once the third party is brought in, they become a party to the proceeding. They can file their own Form B response, dispute the allegations in your Form C, and participate in the CMC and trial. The judge considers all the claims together — the plaintiff's claim against you, your third party claim, and any counterclaims — and can apportion liability among all the parties.

If the judge finds that the third party is wholly responsible, you may be relieved of the plaintiff's claim entirely. More often, liability gets split — you might owe the plaintiff C$3,000 while the third party owes C$4,000, for example.

Practical Considerations

Third party claims add complexity to the case and can extend the timeline. The third party needs time to respond and prepare, so the CMC or trial date may get pushed back. If your primary dispute with the plaintiff is straightforward and the third party issue is a separate matter, consider whether filing a separate action after the current case resolves might be simpler.

The court's general monetary ceiling is C$50,000, exclusive of pre-judgment interest and costs. If your third-party claim would exceed that limit, confirm the proper forum before filing.

For a step-by-step guide on managing a defence with multiple parties involved, the Saskatchewan Small Claims Response Guide covers third party claims alongside counterclaims and the standard dispute process.

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