"The jus tertii
argument the trial judge relied on could be accepted only if RBC had no right to recover the funds from BNS.
Part III traces the line of relevant jus tertii precedent before Kowalski v.
The jus tertii standing inquiry focuses on the plaintiff.
Instead, Justice Douglas stated that the "professional relationship" between the doctor, who brought the suit, and the married couple, the third parties, was sufficient to grant jus tertii standing to assert the married couple's claims.
Moreover, insofar as the applicable constitutional questions have been and continue to be presented vigorously and "cogently," the denial of jus tertii standing in deference to a direct class suit can serve no functional purpose.
(130) Powers, therefore, stands as another instance of solid Article III standing and a sympathetic third-party claim overwhelming the jus tertii inquiry.
The second prong of the jus tertii analysis is the "genuine obstacle" or "hindrance" prong.
The common law accepts a large range of interests in property and resolves conflicting interests in the same items of property by generally ranking interests by time of acquisition and refusing to accept a plea of jus tertii. (164) The effect of a denial of jus tertii is to permit adjudication of disputes as to the better titleholder between the two contesting parties without any reference to other potential rights holders.
Extensions were created for money received on account (168) (money normally passes in currency such that no issue of jus tertii arises), and extensions for misapplication of funds by employees, (169) trustees, (170) directors, (171) and so forth--all of whom owe fiduciary duties to the victim.
The English courts have also refused to consider any reading down of the impact of the definition, and the doctrine of jus tertii cannot be relied on as a defence to a charge of theft.
(189) Consequently, there was good reason to refuse a claim of jus tertii to be made, as it would undermine this key aspect of the certainty with which the criminal law could assume that it was protecting the right person in the dispute.
In such situations, the doctrine of jus tertii is necessary in some form to ensure justice.