Plaintiff
Defendant
Background:
Shakila Unosi, who operated Mursal Hair Salon, sued the City of Coquitlam and several construction companies for damages after a waterline burst in front of her rented commercial unit. The water damage occurred during maintenance work related to the Evergreen Rapid Transit Project. Jennifer Wong, the owner of the commercial unit, was later added as a plaintiff.
Legal Issues:
The plaintiffs sought damages for personal injuries and business losses caused by the waterline breach. The defendants argued that Wong’s claim was time-barred due to the expiration of the limitation period. The court had to decide if it was just and convenient to add Wong as a plaintiff despite the delay.
Standard of Review:
The appeal by the defendants challenged a Master’s decision to allow Wong to join as a plaintiff. The court applied a "rehearing on the merits" standard due to the significance of the limitation defense, meaning the appeal was reviewed based on its merits.
Court's Decision:
The court ruled that it was just and convenient to add Wong as a plaintiff despite the delay, citing that the defendants were aware of her claim from the beginning. The court emphasized that any limitation defenses would be addressed at trial.
Costs:
The court dismissed the appeal and ruled that the costs of the application would be "costs in the cause," meaning the award of costs would be determined at trial.
There was no specific award amount indicated at this stage.
Court
Supreme Court of British ColumbiaCase Number
S174122Practice Area
Civil litigationAmount
Winner
PlaintiffTrial Start Date
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