6Stay of proceedings

6 Stay of proceedings

6 Stay of proceedings

(1) Where a defendant who has filed a notice of defence to the plaintiff’s action also files a third party notice, proceedings in the action shall be stayed until the third party files a notice of his defence to the defendant’s claim against him, or until the expiration of 28 days after service on the third party of the third party notice, whichever first occurs.

(2) A defendant who files a third party notice may cause a copy of the third party notice to be served by:

(a) a bailiff,

(b) a commercial agent or subagent,

(c) an attorney,

(d) a person employed within the office of an attorney, or

(e) a person in the permanent and exclusive employ of the defendant.

(3) Where proceedings in an action are stayed under clause (1) and the third party notice is not served on the third party, or an affidavit of that service is not filed within a reasonable time, the court may, on the application of the plaintiff, remove the stay of proceedings.