Alberta civil procedure
When must an Alberta defendant file a third party claim?
Within 6 calendar months after filing and before judgment or default. File Form 16 and serve the plaintiff and third party defendant. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
- Period
- Within 6 calendar months after filing and before judgment or default
- Trigger
- Filing its own defence or demand for notice and actual judgment/default status
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)
Official Rules of Court volume current June 2026, including AR 79/2026. The official 2026 regulation index was checked for subsequent amendments.
Source guide · No automated date
Check the applicable procedure
Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service. The unresolved completion facts are filing its own defence or demand for notice and actual judgment/default status and the source-qualified route to file Form 16 and serve the plaintiff and third party defendant.
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When must an Alberta defendant file a third party claim?
Within 6 calendar months after filing and before judgment or default. File Form 16 and serve the plaintiff and third party defendant. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
Responsible actor. The defendant bringing a third party claim.
Filing its own defence or demand for notice and actual judgment/default status.
Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)How does this provision count time?
- Identify filing its own defence or demand for notice and actual judgment/default status.
- File Form 16 and serve the plaintiff and third party defendant.
- The within 6 calendar months after filing and before judgment or default interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is filing its own defence or demand for notice and actual judgment/default status. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
- Check the actual completion for file Form 16 and serve the plaintiff and third party defendant. Interpretation Act section 22 distinguishes a holiday from a closed office where an act must be completed. Verify the operative recipient, filing method and opening facts before applying an open-day carry to within 6 calendar months after filing and before judgment or default.
The within 6 calendar months after filing and before judgment or default interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is filing its own defence or demand for notice and actual judgment/default status. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
Check the actual completion for file Form 16 and serve the plaintiff and third party defendant. Interpretation Act section 22 distinguishes a holiday from a closed office where an act must be completed. Verify the operative recipient, filing method and opening facts before applying an open-day carry to within 6 calendar months after filing and before judgment or default.
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)Which facts prevent one automatic date?
Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service. The unresolved completion facts are filing its own defence or demand for notice and actual judgment/default status and the source-qualified route to file Form 16 and serve the plaintiff and third party defendant.
The defendant bringing a third party claim establishes filing its own defence or demand for notice and actual judgment/default status. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service. Within 6 calendar months after filing and before judgment or default. File Form 16 and serve the plaintiff and third party defendant. This source scenario does not calculate a final date.
The proposed boundary for file Form 16 and serve the plaintiff and third party defendant meets a holiday or closed office. Check the actual completion for file Form 16 and serve the plaintiff and third party defendant. Interpretation Act section 22 distinguishes a holiday from a closed office where an act must be completed. Verify the operative recipient, filing method and opening facts before applying an open-day carry to within 6 calendar months after filing and before judgment or default. Establish the precise paired outer and default boundaries and applicable closure facts. No moved final date is supplied.
The defendant was noted in default before the nominal six-month endpoint. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service. Review Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii) with the changed facts. Within 6 calendar months after filing and before judgment or default cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
- Source interval and calendar
- The within 6 calendar months after filing and before judgment or default interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is filing its own defence or demand for notice and actual judgment/default status. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
- Actor and completion
- The defendant bringing a third party claim. File Form 16 and serve the plaintiff and third party defendant.
- Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
- The actor is the defendant bringing a third party claim. The event is filing its own defence or demand for notice and actual judgment/default status. The boundary is paired outer and default boundaries. Both limitations in rule 3.45(c) apply. Judgment entry or noting in default can cut off the ordinary route before six months. The third party claim must carry the original statement of claim on service.
What must the responsible actor complete?
Questions about this procedure
When must an Alberta defendant file a third party claim?
What starts six months for this third party claim?
The defendant’s own filing of a statement of defence or demand for notice.
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)Can the defendant wait six months after default?
No. Rule 3.45(c)(ii) also requires filing and service before judgment entry or noting in default.
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)Which form must the third party claim use?
Form 16, with the applicable Part 13 pleading requirements.
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)Does an existing-party recipient remove the service requirement?
No. Rule 3.45(c) applies whether or not the third party defendant is already a party.
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)What accompanies service on the third party defendant?
A copy of the statement of claim served on the defendant under rule 3.45(d).
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)Is the co-defendant contribution notice the same procedure?
No. Rule 3.43 provides a separate Form 15 notice for qualifying statutory contribution or indemnity against a co-defendant.
Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 3.45(c)(i) and (ii) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, rules 13.2 to 13.5 | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |