Plaintiff
Defendant
Background: Ridley Terminals Inc. sued Sandvik Canada Inc., Ausenco Engineering Canada Inc., Stasuk Testing & Inspection Ltd., and WB Melback Corporation for failures related to an upgrade project at Ridley Terminals' bulk handling marine terminal. The project included upgrading three rail-mounted stackers and reclaimers, crucial for handling bulk materials. Ridley alleged that design flaws by Sandvik and inspection failures by Ausenco and Stasuk led to equipment failure causing significant damage.
Legal Issues: The case involved contract breaches and negligence claims. Issues revolved around whether the defendants failed in their contractual obligations and duties of care, leading to the equipment's catastrophic failure. Specific legal discussions included the application of third-party claims and the effect of settlement agreements on such claims, particularly focusing on the "BC Ferries Clause" which limits recovery from settling co-defendants.
Held: The Supreme Court of British Columbia dismissed the applications to add Ausenco as a third party after they settled with Ridley and were subsequently removed from the ongoing litigation. The court allowed Sandvik's application to add Stasuk and WB Melback as third parties without opposition.
Costs/Award: The document did not specify the total amount of costs or awards. However, it mentioned that costs would be in the cause, allowing further submissions on the issue if parties wished to pursue it further.
Court
Supreme Court of British ColumbiaCase Number
S207703Practice Area
Corporate & commercial lawAmount
Winner
OtherTrial Start Date
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