TNL Construction Services v. Securiguard Services Limited

TNL Construction Services v. Securiguard Services Limited

Securiguard proved on the balance of probabilities that it provided the services claimed (substantiated largely by daily time sheets and other evidence); TNL's disputes with the Airport Authority about allocation of liability or contractual limits do not defeat Securiguard's separate contractual claim; therefore the claim is appropriate for determination under Rule 18A and judgment is warranted for the amount proved, with execution stayed to protect related claims and arbitration issues.

Citation
2009 BCSC 546
Parties
Plaintiff: TNL Construction Services Ltd.; Defendant and Defendant by Counterclaim: Securiguard Services Limited; Defendant by Counterclaim: Vancouver International Airport Authority; Defendant by Counterclaim: James Alan Greatbanks
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 April 2009
Procedural Posture
Contract Dispute; Counterclaim Under Rule 18 a (summary Judgment) / Rule 18 a Application (summary Determination)
Outcome
Judgment entered for defendant by counterclaim Securiguard Services Limited for $340,047.30 as of February 6, 2009 with per diem interest of $13.62; execution stayed until further order; Securiguard enjoined from applying to the Airport Authority for payment pursuant to October 8, 2008 letter.
Legal Topics
Summary Judgment, Set Off, Stay of Execution, Master Services Agreement, Exclusive Service Provider, Daily Time Sheets, Condition Precedent, Arbitration Stay
Source Language
English
Contract Law Civil Procedure Construction Law Commercial Law Arbitration Law Summary Judgment Set Off Stay of Execution +5 more

Case Brief

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Parties

TNL Construction Services Ltd.

Plaintiff

Securiguard Services Limited

Defendant and Defendant by Counterclaim

Vancouver International Airport Authority

Defendant by Counterclaim

James Alan Greatbanks

Defendant by Counterclaim

Procedural Posture

Contract Dispute; Counterclaim Under Rule 18 a (summary Judgment) / Rule 18 a Application (summary Determination)

Legal Issues

  1. 1 Whether Securiguard is entitled to judgment for unpaid airside escort services under the Services Agreements
  2. 2 Whether the matter is appropriate for determination under Rule 18A despite related claims and arbitration issues involving the Airport Authority
  3. 3 Whether unsigned or unsigned daily time sheets preclude recovery by Securiguard

Ratio Decidendi

Securiguard proved on the balance of probabilities that it provided the services claimed (substantiated largely by daily time sheets and other evidence); TNL's disputes with the Airport Authority about allocation of liability or contractual limits do not defeat Securiguard's separate contractual claim; therefore the claim is appropriate for determination under Rule 18A and judgment is warranted for the amount proved, with execution stayed to protect related claims and arbitration issues.

Court Disposition

Judgment entered for defendant by counterclaim Securiguard Services Limited for $340,047.30 as of February 6, 2009 with per diem interest of $13.62; execution stayed until further order; Securiguard enjoined from applying to the Airport Authority for payment pursuant to October 8, 2008 letter.

Orders

  • Judgment for Securiguard Services Limited in the amount of $340,047.30 as of February 6, 2009
  • Per diem interest of $13.62 on the judgment amount