Source Electrical Services Ltd. v. Freeport Construction Management Ltd.

Source Electrical Services Ltd. v. Freeport Construction Management Ltd.

Leave to serve interrogatories was granted in part because interrogatories seeking reconciliation of labour time entries to invoiced labour for change orders without lump sum labour quotes are relevant, proportionate and appropriate to obtain necessary admissions and to streamline future examinations for discovery; change orders based on lump sum labour quotes are exempt from the requirement to break down individual time entries; interrogatories must be delivered to the named director via Source's counsel.

Citation
2021 BCSC 2278
Parties
Plaintiff: Source Electrical Services Ltd.; Defendant: Freeport Construction Management Ltd.; Defendant: British Columbia Housing Management Commission
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 November 2021
Procedural Posture
Civil (construction Lien/dispute) / Interlocutory Application for Leave to Serve Interrogatories
Outcome
Application granted in part
Legal Topics
Interrogatories, Discovery, Change Orders, Labour Costs, Document Production, Proportionality, Costs
Source Language
English
Civil Procedure Construction Law Lien and Security Evidence and Discovery Interrogatories Discovery Change Orders Labour Costs +3 more

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Parties

Source Electrical Services Ltd.

Plaintiff

Freeport Construction Management Ltd.

Defendant

British Columbia Housing Management Commission

Defendant

Procedural Posture

Civil (construction Lien/dispute) / Interlocutory Application for Leave to Serve Interrogatories

Legal Issues

  1. 1 Whether the court should grant leave to serve interrogatories on the sole director/shareholder of the plaintiff
  2. 2 Whether interrogatories seeking reconciliation of labour time entries to invoices are a proper use of interrogatories
  3. 3 Whether answering the interrogatories would be unduly onerous or disproportionate

Ratio Decidendi

Leave to serve interrogatories was granted in part because interrogatories seeking reconciliation of labour time entries to invoiced labour for change orders without lump sum labour quotes are relevant, proportionate and appropriate to obtain necessary admissions and to streamline future examinations for discovery; change orders based on lump sum labour quotes are exempt from the requirement to break down individual time entries; interrogatories must be delivered to the named director via Source's counsel.

Court Disposition

Application granted in part

Orders

  • Leave granted to Freeport to serve the specified interrogatories limited to labour cost reconciliation for change orders that were not based on lump sum labour quotes.
  • Interrogatories shall not apply to any agreed‑upon change orders where labour costs were specifically quoted as a lump sum.