PM & C Specialist Contractors Inc. v. Horton CBI Ltd. et al., (2015) 614 A.R. 263 (QB)

• Judge: Michalyshyn, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 07, 2015
• Citations: (2015), 614 A.R. 263 (QB);2015 ABQB 248

PM & C Specialist v. Horton CBI Ltd. (2015), 614 A.R. 263 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. AP.098

PM & C Specialist Contractors Inc. (plaintiff) v. Horton CBI Limited, Imperial Oil Resources Ventures Limited and ExxonMobil Canada Ltd. (defendants)

(1203 15424; 2015 ABQB 248)

Indexed As: PM & C Specialist Contractors Inc. v. Horton CBI Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Michalyshyn, J.

April 17, 2015.

Summary:

This action arose from a February 2011 agreement between the plaintiff, PM & C Specialist Contractors Inc. (PM & C), and the defendant Horton CBI Ltd. (HCBI), relating to construction and development at the Kearl Oil Sands. The action went into case management in August 2013. A number of case management meetings ensued. HCBI filed a motion for security for costs. PM & C applied to compel undertakings requested during an examination on an affidavit sworn in support of HCBI's application for security for costs.

The Alberta Court of Queen's Bench granted PM & C's application to compel and adjourned the security for costs application.

Practice - Topic 3708.1

Evidence - Undertakings respecting - Affidavits - See paragraphs 5 to 37.

Practice - Topic 3709

Evidence - Undertakings respecting - Information compelled by court order - See paragraphs 5 to 37.

Counsel:

Stephen J. Livingstone (McLennan Ross LLP), for the plaintiff;

John N. Craig, Q.C., and Brad Nemetz, Q.C. (Bennett Jones LLP), for the defendants.

This case management application was heard in Edmonton, Alberta, on April 7, 2015, before Michalyshyn, J., of the Alberta Court of Queen's Bench, who delivered the following decision on April 17, 2015.