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To avoid a multiplicity of actions, Zutphen brought an application to the Supreme Court of Nova Scotia, Trial Division, to add the Crown as a third party to the action commenced against it by Dywidag. Zutphen argued that s. 17(1) and (2) of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, as amended (now R.S.C., 1985, c. F-7), and s. 7(1) of the Crown Liability Act, R.S.C. 1970, c. C-38, as amended (now R.S.C., 1985, c. C-50, s. 15(1)) violate ss. 7 and 15 of the Canadian Charter of Rights and Freedoms. Richard J., sitting in chambers, dismissed the application. Zutphen appealed to the Supreme Court of Nova Scotia, Appeal Division. The appeal was allowed and leave was granted to add the Crown as a third party.
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