Third Party Notice in Newfoundland Small Claims Court (Form 3)

When Someone Else Is Really Responsible

You've been sued in the Provincial Court of Newfoundland and Labrador, Small Claims Division — but you're not the one who caused the problem. Maybe you hired a sub-contractor who did the defective work. Maybe a supplier delivered faulty materials that led to the damage the plaintiff is claiming. Maybe you're a property manager being sued for something the building owner should answer for.

Under Rule 7 of the Small Claims Rules, you can file a Third Party Notice (Form 3) to bring that other person or business into the lawsuit. This lets the court decide everyone's liability at the same hearing, rather than forcing you to start a separate claim later.

What a Third Party Notice Does

A Third Party Notice tells the court and the third party that you believe they should contribute to, or be entirely responsible for, the damages the plaintiff is claiming from you. The legal basis is usually contribution (they share the blame) or indemnity (they should pay the whole thing because of a contract or other obligation between you).

Once the third party is added to the case, they become a full participant. They can file their own defence, attend the settlement conference, present evidence at trial, and be held liable in the judgment.

How to File

1. Complete Form 3 — Third Party Notice. State who the third party is, their address, and the factual basis for your claim against them. Keep it specific: explain the relationship (sub-contractor, supplier, co-responsible party) and why they're liable for the plaintiff's damages.

2. File Form 3 at the court registry where the original Statement of Claim was issued, after you have filed your Reply (Form 2). Under Rule 7, you can file the notice before the settlement conference has been held. If the conference has already been held, apply to a judge for permission under Rule 19(3).

3. Serve the required documents on the third party. Serve Form 3, a copy of the Statement of Claim and your Reply, and any notice of settlement conference or trial that has already been issued. Use a method allowed for service under Rule 21, such as personal delivery or mail with a signed acknowledgement of receipt.

4. File proof of service and notify the other parties. Within 21 days after filing Form 3, file a Certificate of Service (Form 4) at the registry unless the third party has already filed a Reply. Also serve a copy of Form 3 on each of the other parties within 21 days after filing it.

Common Scenarios

Construction disputes. A homeowner sues you (the general contractor) for defective renovation work, but the problem was caused by a sub-contractor's plumbing or electrical installation. Filing Form 3 brings the sub-contractor into the case.

Product defects. A customer sues you for selling a product that failed, but the defect was in the manufacturing — the supplier or manufacturer may be the party that should answer for the damages.

Property management. A plaintiff sues you as the property manager for a building deficiency, but the repair obligation falls on the property owner under your management agreement.

Vehicle sales chains. You sold a vehicle that was later found to have undisclosed defects, but you bought it from a dealer or private seller who didn't disclose those same defects to you.

What Happens After You File

The third party receives the documents and follows the Rule 5 deadlines for replying to a claim — 10 days after service within the province or 30 days after service outside the province. They can dispute your claim that they're liable, admit it, or raise their own defences. If the third party files a Reply after a settlement conference, Rule 7(10) requires another settlement conference unless a judge orders otherwise. The case then proceeds with all parties: plaintiff, defendant (you), and third party.

At the settlement conference, the judge works with everyone to find a resolution. If no settlement is reached, the trial determines who owes what to whom.

One important detail: the third-party claim doesn't change your obligation to respond to the plaintiff's original claim. You still need to file Form 2 and defend against the Statement of Claim. The Third Party Notice is an additional step, not a substitute for your Reply.

Timing Matters

File Form 3 after your Reply and before the settlement conference has been held. If the conference has already been held, you need a judge's permission under Rule 19(3) to make a third-party claim.

Our Responding to a Small Claim in NL guide explains the third-party notice process alongside the complete defence response workflow, including how it fits into the timeline of filing, service, and the settlement conference.

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