Background: The case involved the construction of the Minoru Lifestyle Centre, including an aquatic center. The allegations centered on defective construction and design, particularly regarding pool leaks. Stuart Olson Construction Ltd. (Stuart Olson) was the general contractor, and the City of Richmond (City) was the project owner.

Legal Arguments/Issues:

• Claims: Stuart Olson alleged design deficiencies, errors, and project management issues caused delays and additional costs.
• Counterclaims: The City counterclaimed for damages due to delays and construction deficiencies attributed to Stuart Olson's mismanagement.
• Tolling Agreement: The City and HCMA Architecture + Design had a Tolling Agreement suspending the limitation period for claims. The agreement was extended multiple times, affecting the timeliness of counterclaims.
• Joinder of Parties: The City sought to add HCMA as a defendant by counterclaim. HCMA opposed, arguing the limitation period had expired and they would be prejudiced by the delay.

Held: The court found the Tolling Agreement applied to the claims, so the limitation period had not expired. It was ruled just and convenient to add HCMA as a defendant to the counterclaim, preventing multiple proceedings and inconsistent judgments. The City's interpretation of the Tolling Agreement was deemed reasonable, and their delay in bringing the claim was justified due to ongoing mediation efforts.

Costs and Award: The City of Richmond was awarded its costs for the application, recognizing it as the wholly successful party in this matter.