Background:
- Incident: Fire on March 7, 2015, at a construction project in Calgary.
- Actions:
- Trades Action: Initiated on February 12, 2016, against construction-related entities.
- Coverage Action: Initiated on June 13, 2016, against insurer Lloyd’s of London.
Key Legal Issues:
- Dismissal for Long Delay:
- Defendants sought dismissal of the Trades Action under Rule 4.33(2) of the Alberta Rules of Court, arguing no significant step had been taken for over three years.
- Inextricable Link:
- Whether the Trades Action and Coverage Action are so connected that advancements in one count as advancements in the other.
- Agreement to Suspend:
- Whether a 2017 agreement between parties suspended the need to advance the Trades Action while the Coverage Action proceeded.
Court Findings:
- Agreement to Suspend:
- The court found the April 20, 2017 agreement suspended the Trades Action pending the Coverage Action outcome.
- Inextricable Link:
- The actions were deemed inextricably linked, meaning steps in the Coverage Action were significant advances for the overall dispute.
- Appeal Dismissal:
- The appeal to dismiss the Trades Action for long delay was dismissed. The court held that both actions are linked, and the 2017 agreement suspended the advancement requirement.
Decision: Appeal dismissed, Center Street awarded costs. Monetary award was not specified.
