Plaintiff
Defendant
Case Overview:
The case involved a fire on January 20, 2018, that destroyed GDC's commercial property.
Legal Arguments/Issues:
GDC alleged negligence and breach of contract, claiming improper building venting, failure by the Town of Inuvik and Inuvik Gas Ltd. to address a gas leak, and that Northwind Industries, hired by PCM for snow removal, damaged a gas meter, causing the leak. PCM, as property manager, was implicated.
PCM argued the claim against it lacked merit, asserting GDC delayed discontinuance to inflate PCM’s costs. PCM sought solicitor-client and punitive costs, citing Rules 201(2) and 203 of the Northwest Territories Supreme Court Rules. GDC countered that PCM's delayed disclosure warranted its continued involvement and denied misconduct.
Costs and Award:
The court found GDC had reasonable grounds to sue and continue litigation until discovery clarified facts. PCM’s request for solicitor-client and punitive costs was rejected. PCM was awarded party and party costs per the standard tariff, while GDC received costs for the application on the same basis, offsetting PCM’s costs?.
Court
Supreme Court of the Northwest TerritoriesCase Number
S-1-CV 2019-000 474Practice Area
Civil litigationAmount
Winner
Trial Start Date
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