Norman v. Maple Ridge (District)

Norman v. Maple Ridge (District)

The court ordered that the plaintiffs must provide further and better particulars identifying the specific BC Building Code provisions, municipal by-laws, relevant construction and professional standards (and definitions/amendments if relied on), and repair cost particulars by fixed deadlines; the plaintiffs cannot delay provision of particulars pending examination for discovery of a Leung representative; costs awarded to Leung.

Citation
2016 BCSC 1387
Parties
Plaintiffs: Christine Norman et al.; Defendant: Thomas Leung Structural Engineering Inc.; Defendant/third Party: District of Maple Ridge
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 July 2016
Procedural Posture
Civil Negligence (construction Defects) / Interlocutory Application for Further and Better Particulars Under Rule 3 7(22) Before Trial
Outcome
Application for further and better particulars granted in part and ordered as set out; plaintiff's request to delay particulars until after discovery refused; costs awarded to applicant Leung.
Legal Topics
Particulars, Building Code Compliance, Discovery, Scope of Pleading, Costs
Source Language
English
Civil Procedure Torts Construction Law Professional Negligence Particulars Building Code Compliance Discovery Scope of Pleading +1 more

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Parties

Christine Norman et al.

Plaintiffs

Thomas Leung Structural Engineering Inc.

Defendant

District of Maple Ridge

Defendant/third Party

Procedural Posture

Civil Negligence (construction Defects) / Interlocutory Application for Further and Better Particulars Under Rule 3 7(22) Before Trial

Legal Issues

  1. 1 Whether the plaintiffs must provide further and better particulars to the structural engineer defendant
  2. 2 Whether the plaintiffs may defer providing particulars until after examining a representative of the defendant
  3. 3 What specificity is required as to building code sections, by-laws and construction standards

Ratio Decidendi

The court ordered that the plaintiffs must provide further and better particulars identifying the specific BC Building Code provisions, municipal by-laws, relevant construction and professional standards (and definitions/amendments if relied on), and repair cost particulars by fixed deadlines; the plaintiffs cannot delay provision of particulars pending examination for discovery of a Leung representative; costs awarded to Leung.

Court Disposition

Application for further and better particulars granted in part and ordered as set out; plaintiff's request to delay particulars until after discovery refused; costs awarded to applicant Leung.

Orders

  • Plaintiffs to provide particulars identifying specific sections of the BC Building Code, relevant municipal by-laws, and the architectural/engineering/construction standards and definitions relied upon by no later than August 10, 2016.
  • If repair cost particulars were not delivered by June 17, 2016, plaintiffs must deliver repair cost particulars by no later than July 29, 2016.