Quorex Construction Ltd. v. 101036033 Saskatchewan Ltd. et al., 2009 SKQB 467

• Judge: Zarzeczny, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 02, 2009
• Jurisdiction: Saskatchewan
• Citations: 2009 SKQB 467;(2009), 348 Sask.R. 152 (QB)

Quorex Constr. Ltd. v. 101036033 Sask. (2009), 348 Sask.R. 152 (QB)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. FE.002

Quorex Construction Ltd. (plaintiff/respondent) v. 101036033 Saskatchewan Ltd. and Conexus Credit Union 2006 (defendants/applicant)

(2008 Q.B.G. No. 1123; 2009 SKQB 467)

Indexed As: Quorex Construction Ltd. v. 101036033 Saskatchewan Ltd. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Zarzeczny, J.

December 2, 2009.

Summary:

The defendant developer engaged the services of Quorex Construction Ltd. under a number of construction management contracts and some fixed price construction contracts for the construction of a project. Quorex commenced an action, claiming that it had substantially performed the contracts and was owed $679,505.56. The developer defended the action, asserting that Quorex had breached a number of its obligations, resulting in a fire insurance loss claim and subsequent delay. The developer requested further and better production of a number of documents, including all contracts with any party relating to any of the construction contracts; documents relating to budgeting for the project; all invoices, purchase orders, change orders, time sheets, emails and other documents relating to any of the contracts; and all correspondence, claim forms, emails and other documents relating to the insurance claim and repairs.

The Saskatchewan Court of Queen's Bench allowed the application.

Practice - Topic 4573

Discovery - What documents must be produced - Documents related to or relevant and material to matters in issue - The defendant developer engaged the services of Quorex Construction Ltd. under a number of construction management contracts and some fixed price construction contracts for the construction of a project - Quorex commenced an action, claiming that it had substantially performed the contracts and was owed $679,505.56 - The developer defended the action, asserting that Quorex had breached a number of its obligations, resulting in a fire insurance loss claim and subsequent delay - The developer requested further and better production of a number of documents, including all contracts with any party relating to any of the construction contracts; documents relating to budgeting for the project; all invoices, purchase orders, change orders, time sheets, emails and other documents relating to any of the contracts; and all correspondence, claim forms, emails and other documents relating to the insurance claim and repairs - The Saskatchewan Court of Queen's Bench allowed the application - The documents requested were relevant to the issues raised which included the proper cost allocation under the contracts - Quorex had a contractual obligation to maintain accounts, supervise the work of others and perform and properly allocate the accounts for its own work - Quorex was also responsible for the insured work and maintaining proper accounts regarding that work and the insurance proceeds - See paragraphs 13 to 16.

Cases Noticed:

101043147 Saskatchewan Ltd. v. Colliers McClocklin Real Estate Corp. et al. (2006), 286 Sask.R. 258 (Q.B.), refd to. [para. 11].

Popowich v. Saskatchewan et al., [1996] 8 W.W.R. 609; 144 Sask.R. 166; 124 W.A.C. 166 (C.A.), refd to. [para. 11].

Bank of Montreal v. 3D Properties Inc. et al. (No. 3) (1993), 110 Sask.R. 302 (Q.B.), refd to. [para. 11].

Milton Farms Ltd. v. Dow Chemical Canada Inc. (1987), 63 Sask.R. 144 (Q.B.), refd to. [para. 11].

Saskatchewan Economic Development Corp. v. Smith-Roles Ltd. and Royal Bank of Canada (1990), 82 Sask.R. 233 (Q.B.), refd to. [para. 11].

Counsel:

Murray R. Sawatzky, Q.C., for the plaintiff/respondent;

Conrad D. Hadubiak, for the defendant/applicant.

This application was heard by Zarzeczny, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following fiat on December 2, 2009.