6 Nov 2023
M.B.T. Holdings Ltd. et al v. Stoneridge Construction Ltd.
Background:
- 2018: MBT hired Stoneridge for demolition work at a seed processing plant. MBT claimed Stoneridge’s work caused a fire, leading to significant damage.
- 2020: MBT’s damages report estimated costs at $4.963 million. Stoneridge denied liability and disputed the damages.
- 2022: During discovery, MBT indicated damages could exceed $7 million.
Developments:
- February 2023: Stoneridge admitted liability, expecting trial to focus only on damages.
- April 2023: MBT’s new report estimated additional costs, bringing total damages to over $8 million.
Motion:
- August 2023: Stoneridge sought to withdraw its admission of liability, citing the unexpected increase in damages exceeding its $5 million insurance limit.
Court’s Decision:
- Triable Issue: No credible evidence was provided to support a triable issue on liability.
- Explanation for Admission: Stoneridge knew of potential higher damages before admitting liability.
- Prejudice: Withdrawal would delay the trial, prejudicing MBT.
- Interest of Justice: Emphasized timely resolution without unnecessary delays.
Conclusion:
- Motion to withdraw admission of liability denied. Trial to proceed on the issue of damages only.
The document does not specify the final monetary award