Fares Construction Limited v. Lead Structural Formwork Limited
The plaintiffs failed to discharge the onus of showing there was no genuine issue of material fact because the cause of the crane collapse was undetermined and plaintiffs produced no admissible expert evidence; a motions judge cannot weigh disputed evidence or draw the necessary inferences on summary judgment, and granting partial liability would risk inconsistent findings across interconnected actions, so the motion for summary judgment on evidence must be dismissed.
- Citation
- 2024 NSSC 52
- Parties
- Plaintiff: Fares Construction Limited; Plaintiff: W. M. Fares Family Incorporated; Defendant: Lead Structural Formwork Limited; Third Party: W. M. Fares Architects Inc.; Third Party: Grove US LLC; Third Party: Rapicon Inc.; Third Party: Rapicon Tower Crane West Ltd.; Third Party: APA Inc.; Third Party: BMR Structural Engineering Limited; Third Party: Forgeron Engineering Limited; Third Party: Passmore Inspection & Consulting Ltd.; Fourth Party: Cherubini Group Of Companies; Fourth Party: Cherubini Metal Works; Fifth Party: Lead Structural Formwork Limited; Fifth Party: Grove US LLC; Fifth Party: Rapicon Inc.; Fifth Party: Rapicon Tower Crane West Ltd.; Fifth Party: APA Inc.; Fifth Party: BMR Structural Engineering Limited; Fifth Party: Forgeron Engineering Limited; Fifth Party: Passmore Inspection & Consulting Ltd.
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 21 February 2024
- Procedural Posture
- Construction Dispute Negligence and Breach of Contract / Motion for Summary Judgment on Evidence (rule 13.04)
- Outcome
- Motion dismissed
- Legal Topics
- Summary Judgment, Negligence, Breach of Contract, Causation, Interest of Justice, Case Management, Third Party Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fares Construction Limited
Plaintiff
W. M. Fares Family Incorporated
Plaintiff
Lead Structural Formwork Limited
Defendant
W. M. Fares Architects Inc.
Third Party
Grove US LLC
Third Party
Rapicon Inc.
Third Party
Rapicon Tower Crane West Ltd.
Third Party
APA Inc.
Third Party
BMR Structural Engineering Limited
Third Party
Forgeron Engineering Limited
Third Party
Passmore Inspection & Consulting Ltd.
Third Party
Cherubini Group Of Companies
Fourth Party
Cherubini Metal Works
Fourth Party
Lead Structural Formwork Limited
Fifth Party
Grove US LLC
Fifth Party
Rapicon Inc.
Fifth Party
Rapicon Tower Crane West Ltd.
Fifth Party
APA Inc.
Fifth Party
BMR Structural Engineering Limited
Fifth Party
Forgeron Engineering Limited
Fifth Party
Passmore Inspection & Consulting Ltd.
Fifth Party
Procedural Posture
Construction Dispute Negligence and Breach of Contract / Motion for Summary Judgment on Evidence (rule 13.04)
Legal Issues
- 1 What is the applicable test for summary judgment under Rule 13.04?
- 2 Whether interests of justice preclude partial summary judgment in interconnected multi-party litigation
- 3 Whether genuine issues of material fact (why the crane collapsed) require a trial
Ratio Decidendi
The plaintiffs failed to discharge the onus of showing there was no genuine issue of material fact because the cause of the crane collapse was undetermined and plaintiffs produced no admissible expert evidence; a motions judge cannot weigh disputed evidence or draw the necessary inferences on summary judgment, and granting partial liability would risk inconsistent findings across interconnected actions, so the motion for summary judgment on evidence must be dismissed.
Court Disposition
Motion dismissed
Orders
- Motion dismissed
- If parties are unable to agree on costs, written submissions to be filed on or before February 29, 2024
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment