Background:
The Province of British Columbia, through the Ministry of Transportation and Infrastructure, suffered damage to a culvert as a result of the collision. Initially, the Province intended to file a separate civil action to recover the costs of repairing the culvert but missed the limitation period by one day. The Province then sought to file a counterclaim in the existing Seaboard lawsuit, under Rule 22-4(2) of the Supreme Court Civil Rules.

Legal Issues:
The key legal issue was whether the court should allow the Province to file its counterclaim despite the expiration of the limitation period. Seaboard opposed this, arguing that the delay in filing was prejudicial and amounted to an abuse of process.

Arguments:
The Province argued that the missed deadline was due to administrative error and that it had notified Seaboard of its claim well in advance. It invoked the Limitation Act, which allows counterclaims connected to ongoing litigation to proceed, even if the limitation period has expired.

Judgment:
The court ruled in favor of the Province, allowing the counterclaim. It found the delay excusable and determined that no significant prejudice had occurred.

Costs:
The court awarded costs in favor of the Province, as "costs in the cause," to be determined at the end of the litigation. No specific monetary amount was awarded.