Mohan v. The Owners, Strata Plan LMS 1622

Mohan v. The Owners, Strata Plan LMS 1622

Severance was refused because the Applicants' liability is interwoven with the Criminal Defendants' conduct, the plaintiff must prove the causal connection between criminal acts and the deaths and contested facts about what the civil defendants knew or suspected require contested viva voce evidence; severance would cause overlapping multiple trials, risk inconsistent findings and would not yield the necessary savings nor be suitable for determination by summary trial.

Citation
2016 BCSC 822
Parties
Plaintiff: Eileen Mohan; Plaintiff (discontinued): Sunil Mohan; Defendant (strata Corporation): The Owners, Strata Plan LMS 1622; Defendant (property Manager): Atira Property Management Inc.; Defendant (landlord): Ceasar Tiojanco; Defendant (landlord): Myrna Tiojanco; Defendant (decedent/estate): Cory Lal; Defendant (criminally Implicated): Person X; Defendant (criminally Implicated): James Kyle Bacon; Defendant (criminally Implicated): Cody Rae Haevischer; Defendant (criminally Implicated): Matthew Johnston; Defendant (criminally Implicated): Quang Vinh (Michael) Le; Defendant (criminally Implicated): Sophane Sek
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 May 2016
Procedural Posture
Civil Wrongful Death Action; Negligence Under Family Compensation Act / Interlocutory Application for Severance Under Rule 12 5(67) of the Supreme Court Civil Rules
Outcome
applications for severance dismissed
Legal Topics
Severance of Issues, Summary Trial, Duty of Care of Strata and Manager, Evidence Overlap and Duplication, Use of Criminal Findings in Civil Liability
Source Language
English
Torts Wrongful Death Negligence Civil Procedure Property Law Severance of Issues Summary Trial Duty of Care of Strata and Manager +2 more

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Parties

Eileen Mohan

Plaintiff

Sunil Mohan

Plaintiff (discontinued)

The Owners, Strata Plan LMS 1622

Defendant (strata Corporation)

Atira Property Management Inc.

Defendant (property Manager)

Ceasar Tiojanco

Defendant (landlord)

Myrna Tiojanco

Defendant (landlord)

Cory Lal

Defendant (decedent/estate)

Person X

Defendant (criminally Implicated)

James Kyle Bacon

Defendant (criminally Implicated)

Cody Rae Haevischer

Defendant (criminally Implicated)

Matthew Johnston

Defendant (criminally Implicated)

Quang Vinh (Michael) Le

Defendant (criminally Implicated)

Sophane Sek

Defendant (criminally Implicated)

Procedural Posture

Civil Wrongful Death Action; Negligence Under Family Compensation Act / Interlocutory Application for Severance Under Rule 12 5(67) of the Supreme Court Civil Rules

Legal Issues

  1. 1 Whether the Strata Corporation and Atira should be severed from the remaining defendants under Rule 12-5(67)
  2. 2 Whether liability of the Applicants is distinct and severable from the Criminal Defendants
  3. 3 Whether the Applicants' liability can be decided by summary trial under Rule 9-7

Ratio Decidendi

Severance was refused because the Applicants' liability is interwoven with the Criminal Defendants' conduct, the plaintiff must prove the causal connection between criminal acts and the deaths and contested facts about what the civil defendants knew or suspected require contested viva voce evidence; severance would cause overlapping multiple trials, risk inconsistent findings and would not yield the necessary savings nor be suitable for determination by summary trial.

Court Disposition

applications for severance dismissed

Orders

  • Applications of Atira Property Management Inc. and The Owners, Strata Plan LMS 1622 for severance are dismissed
  • Costs awarded to the plaintiff on scale B