Al Court File No.: CV-19-00000016-9oe0" ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: JASON TAMMING Plaintiff ~and- NIAGARA REGION Defendant ~and- CARMELO D' ANGELO and PETER WADSWORTH Third Parties THIRD PARTY CLAIM TO THE THIRD PARTIES A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by way of a third party claim in an action in this court, The action was commenced by the plaintiff against the defendant for the relief claimed in the statement of claim served with this third party claim. The defendant has defended the action on the grounds set out in the statement of defence served with this third party claim. The defendant's claim against you is set out in the following pages. IF YOU WISH TO DEFEND THIS THIRD PARTY CLAIM, you or an Ontario lawyer acting for you must prepare a third party defence in Form 29B prescribed by the Rules of Civil Procedure, serve it on the lawyers for the other parties or, where a party does not have « lawyer, serve it on the party, and file it, with proof of service, WITHIN TWENTY DAYS after this third party claim is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your third party defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.Instead of serving and filing a third party defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your third party defence. YOU MAY ALSO DEFEND the action by the plaintiff against the defendant by serving and filing a statement of defence within the time for serving and filing your third party defence, IF YOU FAIL TO DEFEND THIS THIRD PARTY CLAIM, JUDGMENT MAY BE. GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. IF YOU PAY THE AMOUNT OF THE THIRD PARTY CLAIM AGAINST YOU, and $1,000 for costs, within the time for serving and filing your third party defence, you may move to have the third party claim dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the amount of the third party claim and $400.7 goats and have the costs assessed by the court. Cathy Higginson Date: Marc] 42019 Issued by: Local registrar ‘Address of court office: 611 9" Avenue East Owen Sound, ON N4K 624 TO: CARMELO D’ANGELO 65 Foxmeadow Drive Stoney Creek ON L8J 3P4 AND TO: PETER WADSWORTH 15 Wychwood Road St. Catharines, ON L2R 381 AND TO: JOHN A. TAMMING PROFESSIONAL CORPORATION 903 Second Avenue West Owen Sound, ON N4K 4M8 John A. Tamming (LSO#: 335131) Tel: 519.371.8999 Fax: 519.371.2736THIRD PARTY CLAIM. 1 ‘The Defendant, the Regional Municipality of Niagara (the “Region”), claims against the Third Parties: (@) contribution and indemnity for any and all amounts which the Defendant may be called upon to pay to the Plaintiff; (6) contribution and indemnity for the Defendant’s costs of defending the main action; (©) the Defendant's costs of the Third Party claim; (® prejudgment and post-judgment interest pursuant to the Courts of Justice Act, RSO 1990, ¢, 43, as amended; and (©) such further and other relief as this Honourable Court deems just. 2. The Third Party, Carmelo D’ Angelo (“D’ Angelo”), is an individual residing in the City of Hamilton in the Province of Ontario. D’Angelo was formerly employed by the Region as its, Chief Administrative Officer beginning on or about November 14, 2016 until the cessation of his employment on or about February 1, 2019, 3. The Third Party, Peter Wadsworth (“Wadsworth”), is an individual residing in the City of St. Catharines in the Province of Ontario. Wadsworth was formerly employed by the Region as its Director, Human Resources beginning on or about September 5, 2017 until the termination of his employment on or about December 17, 2018. 4, The Defendant pleads and relies on the facts set out in its Statement of Defence. 5. D'Angelo and Wadsworth were fiduciaries of the Region and were obligated to act in utmost good faith and in the best interest of the Region during the course of their employment.