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Construction and joint venture dispute arising from the Gardena project in Kelowna. Most claims failed, but OKM recovered $89,196 for unsupported third-party billing.
The Court dismissed the attempt to add the investors as plaintiffs by counterclaim because the pleadings did not establish a fiduciary relationship or the requisite proximity/reasonable reliance for negligent misrepresentation and, even if proximity were arguable, policy considerations (risk of indeterminate liability) and derivative action principles negate imposing such a duty; accordingly the motion to add parties was properly dismissed.
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