Reid Developments Ltd. v Hopkins
Reid Developments Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

M.B. Morgan

Ace Integrated Systems Ltd.
Law Firm / Organization
Unrepresented
Sherwood Painting & Decorating Ltd.
Law Firm / Organization
Unrepresented
Laurent Bros. Woodwork Ltd.
Law Firm / Organization
Unrepresented
Allan Michael MacInnes doing business as MacInnes Landscaping
Law Firm / Organization
Unrepresented
J & R Excavation & Demolition Ltd.
Law Firm / Organization
Unrepresented
Eric Quay Hopkins
Law Firm / Organization
Not Specified
Lawyer(s)

A. Cameron

J. Choi

Kandace Dawn Hopkins
Law Firm / Organization
Not Specified
Lawyer(s)

A. Cameron

J. Choi

Overview:

  • Agreement: In December 2018, the Hopkins contracted Reid to construct a home and laneway house.
  • Completion: 2021.
  • Claims: Reid filed a builder's lien for $650,209.55, alleging breach of contract. The Hopkins counterclaimed for delays and additional costs.

Subcontractor Actions:

  • Subcontractors filed claims totaling $170,261.28, interconnected with the main action.

Legal Framework:

  • Rule 22-5(8): Permits consolidation or concurrent trials for related actions to enhance efficiency and consistency.

Court's Analysis:

  1. Common Claims: All actions are related to the same construction project.
  2. Pre-Trial Savings: Limited extensive pre-trial procedures required.
  3. Reduction in Trial Days: Combined trial avoids duplicative evidence presentation.
  4. Inconvenience: Manageable by allowing selective participation for some subcontractors.
  5. Expert Testimony: Savings in fees by avoiding repetitive appearances.
  6. Avoiding Multiplicity: Resolves all claims simultaneously.
  7. Commonality vs. Prejudice: High degree of intertwined issues justifies combined trial.
  8. Action Stages: Main action is trial-ready; subcontractor actions are not.
  9. Trial Delay: Possible but mitigated with interest awards.
  10. Inconsistent Findings: Separate trials risk conflicting judgments.

Result:

  • Order: All six actions will be tried together for efficiency and consistency.
  • Costs: Hopkins awarded costs against Reid for the application. No amount was specified.

Conclusion:

  • The court's decision ensures judicial efficiency and consistency by consolidating the main and subcontractor disputes into a single trial.
Supreme Court of British Columbia
S218746
Construction law
Defendant