Colter Developments Ltd. v. Squamish JV Ltd.

Colter Developments Ltd. v. Squamish JV Ltd.

The alleged statements were at best promises about future actions or encouragement to involve other investors and do not constitute negligent misrepresentation absent fraud; contemporaneous emails and behaviour contradicted plaintiffs' later affidavits and did not establish a collateral contract or personal...

Source-derived case information.

Citation
2016 BCSC 354
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.; 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
1 March 2016
Procedural Posture
Civil Action Arising From Construction Project; Application Under Rule 9 7 (summary Trial) / Summary Trial Application / Judgment on Application
Outcome
Claims against Michael David Babcock Jr. dismissed; defendant awarded costs.
Legal Topics
Negligent Misrepresentation, Collateral Contract, Summary Trial Suitability, Pleading Standards (unjust Enrichment), Costs
Source Language
english
Construction Law Contract Law Tort (negligent Misrepresentation) Civil Procedure Corporate/shareholder Liability Negligent Misrepresentation Collateral Contract Summary Trial Suitability +2 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.

Defendant

Hospitality West Management Group Ltd.

Defendant

High River JV Ltd.

Defendant

"Camrose"

Defendant

Servus Credit Union Ltd.

Defendant

Procedural Posture

Civil Action Arising From Construction Project; Application Under Rule 9 7 (summary Trial) / Summary Trial Application / Judgment on Application

Legal Issues

  1. 1 Whether defendant Babcock made actionable negligent misrepresentations
  2. 2 Whether a collateral contract was formed making Babcock personally liable
  3. 3 Whether the matter was suitable for summary determination under Rule 9-7

Ratio Decidendi

The alleged statements were at best promises about future actions or encouragement to involve other investors and do not constitute negligent misrepresentation absent fraud; contemporaneous emails and behaviour contradicted plaintiffs' later affidavits and did not establish a collateral contract or personal guarantee by Babcock; accordingly on the evidence the claims against Babcock fail and may be decided summarily.

Court Disposition

Claims against Michael David Babcock Jr. dismissed; defendant awarded costs.

Orders

  • Dismissal of plaintiffs' claims against Michael David Babcock Jr.
  • Defendant Michael David Babcock Jr. awarded costs