Key Points:

• Background:
  • Two related legal actions involve claims of delays and breaches of contract in a condominium project in Halifax.
  • Defendants, 778938 Ontario Limited (Starfish Properties) and The Roy Building Limited, sought to consolidate the actions, arguing common facts and issues.
  • EllisDon did not oppose the consolidation; Omega opposed it, citing the early stage of the EllisDon Action and scheduling conflicts.
• Legal Framework:
  • Rule 37 of the Nova Scotia Civil Procedure Rules permits consolidation if actions are similar and share common legal or factual questions, involve the same transactions, or if consolidation serves justice.
• Decision:
  • The court granted the motion to consolidate, finding:
    • Common questions of fact and law about delays and contract breaches.
    • Risk of inconsistent findings if tried separately.
    • Factors like convenience, shared lawyers, and avoiding multiple proceedings favored consolidation.
  • Order:
    • No costs awarded.
    • A case management judge was appointed to oversee the proceedings.
• Conclusion: The court found consolidation just and necessary for consistent and fair administration of justice.

Successful Party:

• 778938 Ontario Limited (Starfish Properties) and The Roy Building Limited succeeded in consolidating the two legal actions against Omega Formwork Inc. and EllisDon Corporation.

Monetary Award/Costs/Damages:

• It focused solely on the procedural issue of consolidating the two actions. No financial compensation or costs were awarded.