The Owners, Strata Plan EPS 677 v. ASPAC Developments Ltd.

The Owners, Strata Plan EPS 677 v. ASPAC Developments Ltd.

The draft third party notice was not plain and obvious to disclose no reasonable cause of action; it sufficiently alleged negligence and breach of contract to indicate the basis of claim and, given the early stage of proceedings and lack of measurable prejudice or limitation issues, the court exercised its...

Source-derived case information.

Citation
2021 BCSC 2294
Parties
Plaintiff: The Owners, Strata Plan EPS 677; Defendant: ASPAC Developments Ltd.; Defendant: Hillsboro Investments Ltd.; Defendant: Ledcor Construction Limited; Defendant: IBI/HB Architects; Defendant: Oldcastle Building Envelope Canada Inc.; Defendant: Morrison Hershfield Limited; Defendant: Jones Kwong Kishi Consulting Engineers; Defendant: GML Mechanical Ltd.; Defendant: Creo Stone Inc.; Third Party: Nor-West Architectural Millwork Ltd.; Third Party: Aligned Floor Coverings Inc.; Third Party: McGregor & Thompson Hardware Ltd.; Third Party: Nightingale Electrical Ltd.; Third Party: Fastgo System (2011) Inc.; Third Party: Isackson Rimes Enterprises Ltd.; Third Party: Stordor Investments Ltd.; Third Party: M & L Painting Ltd.; Third Party: Edmonds Appliance Centre Ltd.; Third Party: Snaidero Kitchens & Design Inc.; Third Party: Nexgen Technologies Inc.; Third Party: Solarfective Products Limited; Third Party: Intricate Glass Ltd.; Third Party: Villa Roofing & Sheet Metal Ltd.; Third Party: Project 143000 Investments Ltd.; Third Party: Atlas Stone Products Ltd.; Third Party: Keith Panel Systems Co.; Third Party: HP Construction Ltd.; Third Party: Garibaldi Glass Industries Inc.; Third Party: RPM Canada; Respondent: Division 8 Consulting Corp.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 September 2021
Procedural Posture
Application for Leave to File Third Party Proceedings Under Rule 3 5(4) / Application Heard in Chambers; Oral Reasons for Judgment
Outcome
Leave granted to file third party proceedings
Legal Topics
Third Party Proceedings, Leave to Add Parties, Pleading Sufficiency, Abuse of Process, Timeliness and Prejudice, Contribution and Indemnity Under Negligence Act
Source Language
english
Civil Procedure Construction Law Tort Law Contract Law Third Party Proceedings Leave to Add Parties Pleading Sufficiency Abuse of Process +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Owners, Strata Plan EPS 677

Plaintiff

ASPAC Developments Ltd.

Defendant

Hillsboro Investments Ltd.

Defendant

Ledcor Construction Limited

Defendant

IBI/HB Architects

Defendant

Oldcastle Building Envelope Canada Inc.

Defendant

Morrison Hershfield Limited

Defendant

Jones Kwong Kishi Consulting Engineers

Defendant

GML Mechanical Ltd.

Defendant

Creo Stone Inc.

Defendant

Nor-West Architectural Millwork Ltd.

Third Party

Aligned Floor Coverings Inc.

Third Party

McGregor & Thompson Hardware Ltd.

Third Party

Nightingale Electrical Ltd.

Third Party

Fastgo System (2011) Inc.

Third Party

Isackson Rimes Enterprises Ltd.

Third Party

Stordor Investments Ltd.

Third Party

M & L Painting Ltd.

Third Party

Edmonds Appliance Centre Ltd.

Third Party

Snaidero Kitchens & Design Inc.

Third Party

Nexgen Technologies Inc.

Third Party

Solarfective Products Limited

Third Party

Intricate Glass Ltd.

Third Party

Villa Roofing & Sheet Metal Ltd.

Third Party

Project 143000 Investments Ltd.

Third Party

Atlas Stone Products Ltd.

Third Party

Keith Panel Systems Co.

Third Party

HP Construction Ltd.

Third Party

Garibaldi Glass Industries Inc.

Third Party

RPM Canada

Third Party

Division 8 Consulting Corp.

Respondent

Procedural Posture

Application for Leave to File Third Party Proceedings Under Rule 3 5(4) / Application Heard in Chambers; Oral Reasons for Judgment

Legal Issues

  1. 1 Whether the proposed third party notice discloses a reasonable cause of action
  2. 2 Whether the proposed third party claim is an abuse of process
  3. 3 Whether leave should be denied for untimeliness or prejudice

Ratio Decidendi

The draft third party notice was not plain and obvious to disclose no reasonable cause of action; it sufficiently alleged negligence and breach of contract to indicate the basis of claim and, given the early stage of proceedings and lack of measurable prejudice or limitation issues, the court exercised its discretion to grant leave to file third party proceedings against Division 8 rather than striking the claim.

Court Disposition

Leave granted to file third party proceedings

Orders

  • Leave granted to Oldcastle Building Envelope Canada Inc. to file third party proceedings against Division 8 Consulting Corp.
  • Costs in the cause