Saskatchewan Institute of Applied Science and Technology et al. v. Hagblom Construction (1984) Ltd. et al., (1999) 184 Sask.R. 308 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 18, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 184 Sask.R. 308 (QB);1999 SKQB 18

Inst. of Applied Science v. Hagblom (1999), 184 Sask.R. 308 (QB)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. SE.032

Saskatchewan Institute of Applied Science and Technology and Saskatchewan Property Management Corporation (plaintiffs) v. Hagblom Construction (1984) Ltd., Marcel Fortier, Greg Marquis and John Macaroco (defendants)

(1998 Q.B. No. 1940; 1999 SKQB 18)

Indexed As: Saskatchewan Institute of Applied Science and Technology et al. v. Hagblom Construction (1984) Ltd. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Barclay, J.

August 18, 1999.

Summary:

The plaintiffs alleged in an action that the defendants caused a fire in the plaintiffs' building. The defendants added the City of Saskatoon (fire department) and a firefighter as third parties without obtaining the leave under s. 7 of the Contributory Negligence Act. The third parties sought to strike out the third party claim on the basis that it did not disclose a reasonable cause of action and the necessary leave was not obtained.

The Saskatchewan Court of Queen's Bench dismissed the application. The court granted the defendants leave nunc pro tunc to bring the third party proceedings.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action - The plaintiffs sued the defendants concerning a fire - The defendants added a city (fire department) and a firefighter as third parties alleging negligence in manag­ing the fire and in the post-fire inves­tigation - The third parties sought to strike out the third party claim as not disclosing a reasonable cause of action because, subject to their duty of good faith, they could not be found liable to the defendants in negligence (Urban Municipalities Act, s. 136.1(2) and Fire Prevention Act, s. 34) -The Saskatchewan Court of Queen's Bench reviewed the applicable principles in an application to strike out a pleading and dismissed the application - It was arguable that the third parties did not act in good faith in that the pleadings alleged that they deliberately set out to suppress information and destroy evidence.

Cases Noticed:

RoyNat Inc. v. Northland Properties Ltd. et al., [1994] 2 W.W.R. 43; 115 Sask.R. 272 (Q.B.), refd to. [para. 8].

Great Northern Railway Co. v. Cole Agencies Ltd. et al. (1964), 49 W.W.R.(N.S.) 153 (Sask. Q.B.), refd to. [para. 10].

Lackmanec v. Hoffman and Wall, [1982] 3 W.W.R. 714; 15 Sask.R. 1 (C.A.), refd to. [para. 11].

Schmeichel v. Lane, Thatcher and Bern­ston (1982), 28 Sask.R. 311 (Q.B.), refd to. [para. 12].

Davies v. Dustan and Bank of Montreal (1980), 3 Sask.R. 1 (Q.B.), refd to. [para. 12].

B. & I. Contracting Ltd. v. Atamanenko (John) et al., [1987] Sask.D. 3702-02 (Q.B.), refd to. [para. 13].

Sagon v. Royal Bank of Canada et al. (1992), 105 Sask.R. 133; 32 W.A.C. 133 (C.A.), refd to. [para. 14].

Inuit Tapirisat of Canada and National Anti-Poverty Organization v. Canada (Attorney General), [1980] 2 S.C.R. 735; 33 N.R. 304; 115 D.L.R.(3d) 1, refd to. [para. 15].

Hunters Trailer & Marine Ltd. v. North Battleford (City) et al., [1993] S.J. No. 634 (Q.B.), refd to. [para. 19].

Lepage v. Board of Education of Regina School Division No. 4 (1996), 150 Sask.R. 233 (Q.B.), refd to. [para. 25].

Saskatchewan Transportation Co. v. Royal Bank of Canada and Reid Crowther & Partners Ltd. et al. (No. 2) (1986), 56 Sask.R. 157 (Q.B.), refd to. [para. 25].

Statutes Noticed:

Fire Prevention Act, S.S. 1992, c. F-15.001, sect. 2(h)(i), sect. 11, sect. 15(1), sect. 34 [para. 17].

Queen's Bench Rules (Sask.) - see Rules of Court (Sask.), Queen's Bench Rules.

Rules of Court (Sask.), Queen's Bench Rules, rule 173(a) [para. 5].

Urban Municipalities Act, S.S. 1983-1984, c. U-11, sect. 136(1)(a), sect. 136.1 [para. 16].

Authors and Works Noticed:

McKeague and Voroney, The Queen's Bench Rules of Saskatchewan: Annotated (1995), generally [para. 6].

Counsel:

B.J. Kot, for the defendants;

G.D. Young, Q.C., for the third parties.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on August 18, 1999.