Skyacres Turkey Ranches Ltd. v. Twin Maple Construction Ltd.
Skyacres Turkey Ranches Ltd.
Law Firm / Organization
Smeets Law Corporation
Lawyer(s)

Larry W. O. Smeets

Stephen James Brooks
Law Firm / Organization
Smeets Law Corporation
Twin Maple Construction Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Dustin Born

Dustin Ronald Born
Law Firm / Organization
Self Represented
Dudley Caldbeck Brooks
Law Firm / Organization
Smeets Law Corporation
Lawyer(s)

Larry W. O. Smeets

Shumei Brooks
Law Firm / Organization
Smeets Law Corporation
Lawyer(s)

Larry W. O. Smeets

Background: The case involved a dispute between Skyacres Turkey Ranches Ltd., Stephen James Brooks, and Twin Maple Construction Ltd., Dustin Ronald Born, regarding the construction of a turkey barn. The contract was terminated in December 2020, leading to allegations of trespass, assault, and battery.

Legal Arguments/Issues

  • Contractual Dispute: Skyacres and Brooks filed for damages due to alleged contract repudiation by Twin Maple and Born.
  • Tort Claims: Claims included trespass, assault, battery, and a builders' lien filed by Born.
  • Cross-Action: Twin Maple and Born sought debt, contractual damages, quantum meruit damages, punitive, and aggravated damages.
  • Assault Incident: In 2022, Born shot Shumei Brooks and killed the Brooks' dog, leading to a separate civil action and criminal charges.
  • Summary Trial Application: Born and Twin Maple applied for a summary trial for the Twin Maple Action, which was dismissed due to issues with the evidence and credibility.
  • Vexatious Litigant Application: Skyacres and Brooks sought to have Born declared a vexatious litigant or restricted from filing further applications without court leave, which was also dismissed.

Held: The court dismissed both the summary trial application and the vexatious litigant application.

Costs/Damages Awarded: Each party was ordered to bear its own costs. No specific amounts of damages or costs were awarded to any party. Justice Iyer directed a case planning conference to manage the litigation effectively and required the parties to submit this ruling to AJ Krentz.

Supreme Court of British Columbia
S233901
Construction law
Petitioner