Faria Mechanical Ltd. v. Bosa Development Corporation
Faria Mechanical Ltd.
Law Firm / Organization
BTM Lawyers LLP
Lawyer(s)

Marko Pokrajac

Bosa Development Corporation
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

Geoff Bowman

Granco Holdings Ltd.
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

Geoff Bowman

Enersolv Design and Build Ltd. also known as Enersolv Design & Build Ltd.
Law Firm / Organization
Unrepresented

 

Background:
Faria Mechanical Ltd. sued Bosa Development Corporation and Granco Holdings Ltd. over a construction dispute related to a 31-story office tower at 320 Granville Street, Vancouver. Faria, the mechanical contractor, sought payment of $571,244.50 from the builder’s lien holdback, plus contractual interest. Bosa, the general contractor, and Granco, the property owner, claimed entitlement to a setoff due to alleged defective work by Faria, which they argued caused flooding on the 29th and 30th floors.

Legal Issues:

  1. Document Production: Faria applied for an order compelling Bosa and Granco to produce internal and external documents related to the flooding incidents.
  2. Third-Party Addition: Faria sought to add Enersolv Design and Build Ltd. as a third party, which was unopposed.
  3. Defendants’ Argument: Bosa and Granco opposed the document production request, arguing it was overly broad and non-compliant with Supreme Court Civil Rules 7-1(10) and 7-1(11).

Judgment & Costs:

  • The court denied Faria’s application for document production, ruling it was vague and lacked sufficient evidence of document existence or relevance.
  • The court granted the request to add Enersolv Design and Build Ltd. as a third party.
  • Costs: The defendants, Bosa and Granco, were awarded ordinary costs of the application.
Supreme Court of British Columbia
S248215
Construction law
Defendant