The Owners, Strata Plan No. VR1720 v. Jeck

The Owners, Strata Plan No. VR1720 v. Jeck

Appeal dismissed because it would be unfair on the incomplete summary record to determine whether the individual appellants owed a duty of care; the existence of any duty is an open question to be decided at trial with a full evidentiary record.

Citation
2000 BCCA 100
Parties
Plaintiff (respondent): The Owners, Strata Plan No. VR 1720; Defendant: Bart Developments Ltd.; Defendant: Galleria II Developments Ltd. Partnership; Defendant: Molnar Construction Ltd.; Defendant: Spaceworks Architects (a Partnership); Defendant: Peter Reese; Defendant: Thaddeus Young; Defendant: Gordon Spratt & Associates Ltd.; Defendant: Tamm/Tacy and Associates Ltd.; Defendant: Scott Calvert; Defendant: Spectrum Industries Ltd. (formerly Western Waterproofing & Membranes Ltd.); Defendant: CSA Building Sciences Ltd.; Defendant: CSA Building Sciences Western Ltd.; Defendant (appellant): Ralph Jeck; Defendant (appellant): Murray Frank; Defendant (appellant): Christian Skene
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
2 February 2000
Procedural Posture
Appeal From Summary Dismissal Application Under Rule 18 a / Court of Appeal Hearing on Appeal From Rule 18 a Summary Trial Dismissal
Outcome
Appeal dismissed; matter to proceed to trial on the question of duty of care if contested
Legal Topics
Duty of Care, Reliance, Summary Dismissal (rule 18 A), Res Judicata, Leaky Condominium Defects
Source Language
English
Tort Professional Negligence Civil Procedure Duty of Care Reliance Summary Dismissal (rule 18 A) Res Judicata Leaky Condominium Defects

Case Brief

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Parties

The Owners, Strata Plan No. VR 1720

Plaintiff (respondent)

Bart Developments Ltd.

Defendant

Galleria II Developments Ltd. Partnership

Defendant

Molnar Construction Ltd.

Defendant

Spaceworks Architects (a Partnership)

Defendant

Peter Reese

Defendant

Thaddeus Young

Defendant

Gordon Spratt & Associates Ltd.

Defendant

Tamm/Tacy and Associates Ltd.

Defendant

Scott Calvert

Defendant

Spectrum Industries Ltd. (formerly Western Waterproofing & Membranes Ltd.)

Defendant

CSA Building Sciences Ltd.

Defendant

CSA Building Sciences Western Ltd.

Defendant

Ralph Jeck

Defendant (appellant)

Murray Frank

Defendant (appellant)

Christian Skene

Defendant (appellant)

Procedural Posture

Appeal From Summary Dismissal Application Under Rule 18 a / Court of Appeal Hearing on Appeal From Rule 18 a Summary Trial Dismissal

Legal Issues

  1. 1 Whether individual employees of a consulting engineering firm owe a duty of care to the firm's client
  2. 2 Whether reliance by the plaintiff on the individual appellants can be inferred absent express pleading or particulars
  3. 3 Whether it was appropriate to decide duty of care on the affidavit record in a Rule 18A application

Ratio Decidendi

Appeal dismissed because it would be unfair on the incomplete summary record to determine whether the individual appellants owed a duty of care; the existence of any duty is an open question to be decided at trial with a full evidentiary record.

Court Disposition

Appeal dismissed; matter to proceed to trial on the question of duty of care if contested

Orders

  • Appeal dismissed.
  • Costs of the appeal to follow the disposition of the action in the court below.