Plaintiff
Defendant
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:
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
Court of King's Bench ManitobaCase Number
CI 22-01-37029; CI 23-01-42877Practice Area
Construction lawAmount
Winner
Trial Start Date