The case H2 Canmore Apartments LP v Cormode & Dickson Construction Edmonton Ltd involves a legal dispute over the construction of an apartment building in Canmore, Alberta.
Key Points:
1. Penalty Decision (2024 ABKB 536, Sept. 9, 2024)
- Background: The court previously fined Cormode & Dickson $7,500 for deficient production of records.
- Main Issue: The court considered whether the plaintiffs should face penalties for delays in discovery.
- Decision:
- No penalty against the plaintiffs under rule 10.49 as they did not breach their disclosure obligations.
- The plaintiffs’ use of in-house discovery was reasonable, and while early consultation with Cormode would have saved time, this did not warrant a penalty.
- No costs were awarded for this decision.
2. Third Party Claim Decision (2024 ABKB 428, July 15, 2024)
- Background: Cormode sought to file a third-party claim against Cascade Mechanical Ltd. 21 months past the deadline.
- Main Issue: Whether to extend the time for Cormode’s late third-party claim.
- Decision:
- The court denied the extension, finding no reasonable excuse for the delay.
- Cormode was aware of potential defects in Cascade’s work long before the filing deadline.
- Some prejudice to Cascade was established due to lost records and missed participation in questioning.
There is no clear single "successful party" overall in the rulings available, as the decisions are procedural in nature.
- In the September 2024 decision, the plaintiffs were successful in avoiding penalties for delays in discovery.
- In the July 2024 decision, Cascade Mechanical Ltd. was successful in opposing Cormode’s late third-party claim.
No monetary award specified.
