Western Canadian Place Ltd. et al. v. Con-Force Products Ltd. et al., (1997) 210 A.R. 127 (QB)

• Judge: McMahon, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: August 20, 1997
• Citations: (1997), 210 A.R. 127 (QB)

Western Cdn. Place v. Con-Force Prod. (1997), 210 A.R. 127 (QB)

MLB headnote and full text

Temp. Cite: [1997] A.R. TBEd. SE.008

Western Canadian Place Ltd. et al. (plaintiffs) v. Con-Force Products Ltd. et al. (defendants) and 18127 Alberta Limited, formerly known as PCL Construction Limited et al. (third parties)

(Action No. 9201-20817)

Western Canadian Place Ltd. (plaintiff) v. 18127 Alberta Ltd. (defendant)

(Action No. 9301-02968)

Husky Oil Operations Limited (plaintiff) v. Trizec Properties Limited (defendant) and 18127 Alberta Limited, formerly known as PCL Construction Limited et al. (third parties)

(Action No. 9301-12425)

Western Canadian Place Ltd., Trizec Corporation Ltd. and Trizec Equities Limited (plaintiffs) v. Cohos, Evamy & Partners, The Cohos Partnership, Cohos Evamy McConnell Partnership et al. (defendants)

(Action No. 9301-02931)

Indexed As: Western Canadian Place Ltd. et al. v. Con-Force Products Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

McMahon, J.

August 20, 1997.

Summary:

These actions involved alleged design and construction deficiencies in a two-tower office complex known as Western Canadian Place in downtown Calgary. The plaintiffs in Action Number 9301-02931 applied to amend their statement of claim.

The Alberta Court of Queen's Bench allowed the application to amend.

Practice - Topic 2110

Pleadings - Amendment of pleadings - Adding a new cause of action - The plaintiffs (Trizec Properties Ltd., Trizec Corp. and Western Canadian Place Ltd.) retained the Cohos partnership (the defendants) as architects and engineers to design Western Canadian Place and supervise construction - In 1989 the plaintiffs sued the defendants for damages for negligence and breach of contract - In 1992 the plaintiffs commenced another action against its architects alleging different design deficiencies - The plaintiffs thereafter applied to amend their 1989 statement of claim to add pleas relating to the deficiencies raised in the 1992 action - The Alberta Court of Queen's Bench held that the proposed amendments raised an additional head of damage and did not raise a new cause of action and therefore were not statute barred - Further the amendments were not abusive of the court's processes by their duplication of the second action.

Cases Noticed:

Cahoon v. Franks, [1967] S.C.R. 455, refd to. [para. 23].

Bank of Nova Scotia v. Dunphy Leasing Enterprises Ltd. (1987), 77 A.R. 181; 38 D.L.R.(4th) 575 (C.A.), refd to. [para. 24].

Ozipko v. Massey-Ferguson Ltd. (1965), 53 W.W.R.(N.S.) 439 (Alta. C.A.), refd to. [para. 25].

Anderson et al. v. St. Pierre and Ostrowski (1987), 50 Man.R.(2d) 288; 23 C.P.C.(2d) 113 (Q.B.), refd to. [para. 27].

Budget Rent A Car of Edmonton Ltd. v. University of Toronto et al. (1991), 116 A.R. 33 (Q.B. Master), refd to. [para. 28].

Tasse v. Hoveland et al. (1992), 132 A.R. 117 (Q.B. Master), refd to. [para. 29].

Western Industrial Contractors Ltd. v. Sarcee Developments Ltd. (1986), 73 A.R. 290; 48 Alta. L.R.(2d) 152 (Q.B.), refd to. [para. 34].

Junction Engineering Ltd. v. Gunner Industries Ltd. (1993), 143 A.R. 316 (Q.B. Master), refd to. [para. 34].

Korte et al. v. Cormie et al. (1994), 151 A.R. 153 (Q.B.), refd to. [para. 36].

Counsel:

A.H. Trawick, Q.C., and B. Alexander, for the plaintiff, Western Canadian Place Ltd.;

John C. Zang, for the defendant, Cohos, Evamy & Partners;

R.A. Graesser, Q.C., for the defendants, 18127 Alberta Inc. and PCL Construction Management Inc.

This application was heard before McMahon, J., of the Alberta Court of Queen's Bench, who delivered the following decision on August 20, 1997.