Swan River Valley Hospital District No. 1 et al. v. MMP Architects et al., (2001) 154 Man.R.(2d) 291 (QBM)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 15, 2001
• Jurisdiction: Manitoba
• Citations: (2001), 154 Man.R.(2d) 291 (QBM);2001 MBQB 49

Swan River Hospital v. MMP (2001), 154 Man.R.(2d) 291 (QBM)

MLB headnote and full text

Temp. Cite: [2001] Man.R.(2d) TBEd. MR.005

Swan River Valley Hospital District No. 1 and Swan Valley Lodge (1991) Inc. (applicants) v. MMP Architects, Minish Construction Limited, Kendale Roofing Ltd. and Amalgamated Drywall Systems Limited (respondents)

(CI 00-01-18554; 2001 MBQB 49)

Indexed As: Swan River Valley Hospital District No. 1 et al. v. MMP Architects et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Sharp, Master

February 15, 2001.

Summary:

The applicants sought leave permitting them to commence actions against Minish Construction Ltd. et al. grounded in contract and negligence pursuant to the Limitation of Actions Act. Minish filed an affidavit in response. The applicants moved to strike out the affidavit.

A Master of the Manitoba Court of Queen's Bench allowed the motion.

Limitation of Actions - Topic 9614

Enlargement of time period - Application for - Considerations (incl. evidence) - The applicants sought leave to commence actions against Minish Construction Ltd. et al. pursuant to the Limitation of Actions Act - Minish filed an affidavit in response - The applicants moved to strike out the affidavit from the court record - They argued that s. 15(2) of the Act prohibited the court's consideration of evidence other than that adduced by an applicant respect­ing the merits of the action sought to be commenced - A Master of the Manitoba Court of Queen's Bench allowed the motion - To allow the affidavit to stand would be contrary to ss. 14(1) and 15(2) of the Act - To permit it to remain before the court to be considered by the justice entrusted with the consideration of the applicants' application for leave would result in the imposition of an additional trial, with all the attendant costs.

Cases Noticed:

Steffensen v. Canadian Tire Corp. (1996), 109 Man.R.(2d) 143 (Q.B.), refd to. [para. 3].

Rebizant v. Greenwood et al. (1998), 127 Man.R.(2d) 35 (Q.B.), refd to. [para. 3].

Manitoba Hydro Electric v. Inglis (John) Co. et al. (1998), 128 Man.R.(2d) 199 (Q.B.), affd. (1999), 142 Man.R.(2d) 1; 212 W.A.C. 1 (C.A.), refd to. [para. 3].

Grift v. A.K. Management Ltd. et al. (1998), 135 Man.R.(2d) 149 (Q.B. Mas­ter), refd to. [para. 9].

Statutes Noticed:

Limitation of Actions Act, R.S.M. 1987, c. L-150; C.C.S.M. c. L-150, sect. 14(1) [para. 11]; sect. 15(1) [para. 12]; sect. 15(2) [para. 11].

Counsel:

Betty A. Johnstone, for the applicants;

J.G. Edmond, for the respondents.

This motion was heard before Sharp, Master, of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following decision on February 15, 2001.