PM & C Specialist Contractors Inc. v. Horton CBI Ltd. et al., 2015 ABQB 209

• Judge: Michalyshyn, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 18, 2014
• Citations: 2015 ABQB 209;(2015), 614 A.R. 254 (QB)

PM & C Specialist v. Horton CBI Ltd. (2015), 614 A.R. 254 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. AP.015

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

(1203 15424; 2015 ABQB 209)

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.

March 30, 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. PM&C brought a motion respecting undertakings compliance.

The Alberta Court of Queen's Bench ordered that HCBI answer the undertakings forthwith.

Practice - Topic 3708

Evidence - Undertakings respecting - Documents - See paragraphs 22 to 37.

Practice - Topic 4551

Discovery - Production and inspection of documents - General - Circumstances when available - See paragraphs 38 to 59.

Practice - Topic 4580

Discovery - Documents - What documents must be produced - Privileged documents - Documents prepared for purpose of settlement - See paragraphs 44 to 59.

Counsel:

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

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

This case management application was heard in Edmonton, Alberta, on December 18, 2014, before Michalyshyn, J., of the Alberta Court of Queen's Bench, who delivered the following decision on March 30, 2015.