Colter Developments Ltd. v. Squamish JV Ltd.

Colter Developments Ltd. v. Squamish JV Ltd.

Leave to amend was granted except for the addition of an unjust enrichment claim against Babcock, which was denied for failure to plead essential elements, delay and prejudice; substituted service on Ostrander was authorized; Servus was granted an extension to file its counterclaim to March 25, 2015; Servus established a prima facie case that plaintiffs lack exigible assets and have arguable defences, so security for costs of $40,000 was ordered under s.236 BCA and the action was stayed until security is posted, failure to post within 30 days results in dismissal as abandoned of the action against Servus without prejudice to Servus' counterclaim.

Citation
2015 BCSC 415
Parties
Plaintiff: Colter Developments Ltd. dba Colter Developments; Plaintiff: Granite Art Masonry Ltd.; Plaintiff: Pipeline Mechanical Inc.; Plaintiff: Fisher Painting Ltd.; Plaintiff: 635913 B.C. Ltd. dba Mustang Contracting Corp.; Plaintiff: C & E Building Products Inc.; Defendant: Squamish JV Ltd.; Defendant: Venture West Hotels Group Ltd.; Defendant: Brian John Keith Ostrander; Defendant: Michael David Babcock, Jr. (also known as Michael Babcock); Defendant: Hospitality West Management Group Ltd.; Defendant: High River JV Ltd.; Defendant: Camrose; Defendant: Servus Credit Union Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 March 2015
Procedural Posture
Civil Construction, Trust and Tort Claims / Pre Trial Applications (leave to Amend Pleadings; Substituted Service; Extension to File Counterclaim; Security for Costs)
Outcome
Partially allowed in favour of defendants in part and plaintiffs in part: plaintiffs' amendments mostly permitted except unjust enrichment claim against Babcock denied; substituted service on Ostrander allowed; Servus granted extension to file counterclaim; security for costs ordered and stay imposed.
Legal Topics
Amendment of Pleadings, Security for Costs, Extension of Time to File Counterclaim, Constructive Trust, Unjust Enrichment, Builders' Liens, Knowing Assistance, Substituted Service, Limitation Periods
Source Language
English
Civil Procedure Construction Law Trusts and Equity Corporate Law Tort Law Amendment of Pleadings Security for Costs Extension of Time to File Counterclaim +6 more

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Parties

Colter Developments Ltd. dba Colter Developments

Plaintiff

Granite Art Masonry Ltd.

Plaintiff

Pipeline Mechanical Inc.

Plaintiff

Fisher Painting Ltd.

Plaintiff

635913 B.C. Ltd. dba Mustang Contracting Corp.

Plaintiff

C & E Building Products Inc.

Plaintiff

Squamish JV Ltd.

Defendant

Venture West Hotels Group Ltd.

Defendant

Brian John Keith Ostrander

Defendant

Michael David Babcock, Jr. (also known as Michael Babcock)

Defendant

Hospitality West Management Group Ltd.

Defendant

High River JV Ltd.

Defendant

Camrose

Defendant

Servus Credit Union Ltd.

Defendant

Procedural Posture

Civil Construction, Trust and Tort Claims / Pre Trial Applications (leave to Amend Pleadings; Substituted Service; Extension to File Counterclaim; Security for Costs)

Legal Issues

  1. 1 Whether plaintiffs should be granted leave to amend pleadings to add unjust enrichment claim against Babcock
  2. 2 Whether substituted service on Ostrander should be permitted
  3. 3 Whether Servus should be granted an extension of time to file a counterclaim

Ratio Decidendi

Leave to amend was granted except for the addition of an unjust enrichment claim against Babcock, which was denied for failure to plead essential elements, delay and prejudice; substituted service on Ostrander was authorized; Servus was granted an extension to file its counterclaim to March 25, 2015; Servus established a prima facie case that plaintiffs lack exigible assets and have arguable defences, so security for costs of $40,000 was ordered under s.236 BCA and the action was stayed until security is posted, failure to post within 30 days results in dismissal as abandoned of the action against Servus without prejudice to Servus' counterclaim.

Court Disposition

Partially allowed in favour of defendants in part and plaintiffs in part: plaintiffs' amendments mostly permitted except unjust enrichment claim against Babcock denied; substituted service on Ostrander allowed; Servus granted extension to file counterclaim; security for costs ordered and stay imposed.

Orders

  • Plaintiffs granted leave to amend their further amended notice of civil claim except the addition of a claim for unjust enrichment against Michael D. Babcock, Jr.
  • Order for substituted service on Brian Ostrander by ordinary mail to and leaving documents at his father's Saskatoon address as specified