Law360 Canada ( October 1, 2025, 11:58 AM EDT) -- Appeal by Pro-Dive of the trial judge’s discretionary order dismissing Pro-Dive’s application to add TechnipFMC Canada Ltd. (Technip). James Hynes sued Professional Diving Contractors Limited and David Squires (together, Pro-Dive) for making defamatory statements about him and intentionally interfering with his contractual and economic relations with Technip. The litigation remained stuck at the pleadings stage. This appeal addressed whether Pro-Dive ought to have been permitted to add Technip as a third party to the action. Pro-Dive applied to add Technip as a third party after Hynes substantially reframed his pleadings and pleaded a new cause of action, being inducing breach of contract (the inducement tort). Hynes alleged that Pro-Dive caused Technip to terminate its ongoing contractual arrangement with Hynes after 10 years with only three-weeks’ notice. The judge declined to grant Pro-Dive leave to issue Third-Party Notice. He held that the facts and allegations as pleaded did not set out an arguable case against Technip based on the cause of action in negligence. He also held that Pro-Dive did not have an arguable claim for indemnity or contribution. Pro-Dive submitted that the judge’s denial of leave to add Technip as a third party was an error in principle. Hynes submitted that there was no reversible error, and the Decision should be upheld. Technip argued that the judge properly exercised his discretion and correctly applied the principles....