Carlson Commercial and Industrial Services Ltd. v. Canotech Consultants Ltd. et al.
Carlson Commercial and Industrial Services Ltd.
Law Firm / Organization
Thompson Dorfman Sweatman LLP
Canotech Consultants Ltd.
Law Firm / Organization
PKF Lawyers
The City of Winnipeg

Background:
This case involved a construction project at the Saint James Civic Centre in Winnipeg, Manitoba. Canotech Consultants Ltd. was the main contractor hired by the City of Winnipeg, while Carlson Commercial and Industrial Services Ltd. was a subcontractor. Disputes arose after two shutdowns of the construction site due to concerns over silica dust, leading to delays and increased costs. Carlson claimed breach of contract and unjust enrichment, while Canotech counterclaimed for negligence and breach of subcontract.

Legal Issues:

  1. Responsibility for the release of silica dust and its safety implications.
  2. Reasonableness of the City's decision to shut down the site.
  3. Entitlement to examine discovery representatives under Rule 31.03 of Manitoba’s Court of King's Bench Rules.
  4. Claims under The Builders' Lien Act, contract law, and misfeasance in public office.

Ruling and Analysis:
The Court determined the City was only required to produce one discovery representative, Kathy Roberts, who was involved in the shutdowns. Canotech’s request to examine her supervisor was denied as speculative. The claims of Canotech and Carlson overlapped significantly, supporting streamlined discovery procedures.

Costs and Awards:
Each party bore its own costs for this motion, as all sought judicial clarification. No monetary award was made at this stage.

Conclusion:
The case addressed complex intersections of construction law, workplace safety, and procedural fairness in discovery processes. The Court prioritized efficiency while emphasizing the need for evidence-based motions.

Court of King's Bench Manitoba
CI 22-01-37029; CI 23-01-42877
Construction law