Background:
Pedrom John Changizi filed a lawsuit on December 8, 2023, alleging losses and damages from a construction project at his Salmon Arm property. The claim cited breach of contract and negligence. The defendant, Bryce Passey, doing business as BWP Construction, responded on January 10, 2024, denying liability and claiming he operated through 1594040 Alberta Inc., a numbered company that should be the proper defendant.

Legal Issues and Arguments:
On June 28, 2024, Passey sought to remove his name from the lawsuit, arguing that the numbered company, not him personally, was the correct defendant. Changizi countered on July 2, 2024, requesting to add the company as a defendant, arguing Passey failed to disclose his association with the company, as required under the Business Corporations Act (BCA), making him personally liable.

Court's Findings:
The court found a triable issue regarding Passey’s personal liability due to the lack of a written contract under s. 27 of the BCA. The court allowed the addition of the numbered company as a defendant and denied Passey’s request to be removed from the lawsuit.

Costs:
The court awarded costs to Changizi under Scale B, to be determined by the case's final outcome.

Award/Relief:
Passey’s application was dismissed, and Changizi was granted leave to amend the claim to include 1594040 Alberta Inc. as a defendant.