IN THE SUPREME COURT OF BRITISH COLUMBIA

Citation:	Rural Stores v Coupal Climbing Cranes et al,
	2005 BCSC 72

Date: 20050120
Docket: S041176
Registry: VANCOUVER

Between:

RURAL STORES LTD.

PLAINTIFF

And

COUPAL CLIMBING CRANES LTD., GEOPACIFIC CONSULTANTS LTD., LUND ARCHITECTURE LTD., LUND GROUP DEVELOPMENTS LTD., MONDIALE DEVELOPMENT LTD., NIGHTINGALE ELECTRICAL LTD., ONNI DEVELOPMENT (FIRBRIDGE) CORP., ONNI PROJECT MANAGEMENT SERVICES LTD., STAR REINFORCING LTD., JOHN DOE ONE THROUGH JOHN DOE FIFTY and RED CORPORATION ONE THROUGH RED CORPORATION FIFTY

 

DEFENDANTS

Before: Master Scarth

Reasons for Judgment

Counsel for the Plaintiffs:	S. L. Boothman
Counsel for Third Party, the City of Richmond:	D. C. Russell
Date and Place of Hearing:	September 17 and October 4, 2004
	Vancouver, B.C.

[1]                This application is a companion application to the applications in Yuen v. Onni Development (Firbridge) Corp. et al., Action No. S035494, Vancouver Registry, and Giant Kingdom Holdings v. Coupal Climbing Cranes Ltd., Action No. S036322, Vancouver Registry, reasons on which were issued concurrently.

[2]                Rural Stores Ltd. (“Rural”) also seeks to add the City to its action pursuant to Rule 15(5)(a)(iii) and to amend the writ of summons.  The City opposes its joinder; the existing defendants take no position on the application. 

Background

[3]                The following additional facts are relevant on this application.  Like Ms. Yuen and Giant Kingdom Holdings, Rural owns property adjacent to the Onni development site on which a commercial building is located.  On March 8, 2002 Rural received a report from Spratt Emanuel Engineering Ltd. assessing the effect of the activities on the Onni site on Rural’s building. 

[4]                On February 27, 2004 Rural commenced this action in negligence, trespass and nuisance naming Onni and others. At the time this application was heard, the writ of summons had not been served nor had a statement of claim been filed.

[5]                In support of the application, G. Edward Moul, director of Rural, deposes that he did not know of the City’s involvement at the Onni site until he read the allegations in Onni’s statement of defence in the Yuen matter. 

[6]                The proposed amendments to the writ of summons are attached to a motion dated August 17, 2004 and are identical to those considered in the Giant Kingdom action.

[7]                Adopting the reasoning in the Yuen and Giant Kingdom actions, I conclude that it is just and convenient to add the City to this proceeding.  The style of proceeding will be amended accordingly and the writ of summons amended as attached to the notice of motion before the court. 

[8]                Costs will be in the cause.

“Master S. Scarth”