Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free?

British Columbia, Canada


The following excerpt is from Laboucane v. Brooks (Question of Costs), 2003 BCSC 1807 (CanLII):

Regarding the 4th “situation” outlined in Milina, Drost, J. in Privest Properties v. Fo[u]ndation Co. of Canada Ltd. [1999] B.C.J. (Q.L.) No. 2234 (B.C.S.C.) dealt with an allegation made by the plaintiff that one of the third parties had failed to draft specifications to clearly state that certain fireproofing was to be asbestos-free and that another third party acting upon instructions from the plaintiff prepared a document which became part of the contract between the plaintiff and the defendant but did not include in the document that the fireproofing was to be asbestos-free. Drost, J. concluded that the third party that did not include the requirement in the document “... ought to have been a defendant, and it was both natural and inevitable that they be joined as a third party”. (at para. 68) In those circumstances, Drost, J. concluded that the plaintiff should be responsible for the payment of the costs of one of the third parties.

Other Questions


Does the unsuccessful plaintiff have to pay the costs of the successful plaintiff's third parties? (British Columbia, Canada)
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
What is the test for establishing causation between a party alleging negligence and a plaintiff alleging negligence? (British Columbia, Canada)
Is it fatal to a specific performance claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons why the property is unique to her? (British Columbia, Canada)
Is there any case law that supports the proposition that a party can obtain access to a certain amount of funds from a third party? (British Columbia, Canada)
What are the costs of a plaintiff in a motor vehicle accident action brought by a third party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Does a plaintiff have to pay costs for a third party? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.