Emerald Terrace, Kamloops: Court permits leaky condo owners to consolidate actions




Strata Plan KAS 1691 v. City of Kamloops et al,


2004 BCSC 1231

Date: 20041006
Docket: S041856
Registry: Vancouver


The Owners, Strata Plan KAS 1691



The Corporation of the City of Kamloops, T.R. Underwood Engineering Ltd.,
Rodney George Gobelle, Torres Engineering Ltd., Jaime Torres, Hugo G. Lebihan, Indalex Limited, formerly known as Indal Corporation/Corporation Indal,
formerly known as Caradon Limited/Caradon Limitee, doing business as Caradon Windows and Doors, Ensurco Duradek (Canada) Limited, T & N Roofing Ltd., John Doe General Contractor, John Doe Roofing Inspector, John Doe Stucco, John Doe Flashings, and John Doe Caulking, John Doe Sheathing Membrane, John Doe Self-Adhesive Membrane, John Doe Railings, John Doe Masonry, John Doe Concrete, John Doe Waterproofing, John Doe Doors, John Doe Below-Grade Waterproofing.


- and -

Docket: A982483
Registry: Vancouver


The Owners, Strata Plan KAS1691



421839 B.C. Ltd., Lloyd R. McLean, Ted J. Thomas Design Consultants Limited,
Abco Waterproofing & Sundecks Inc., Storm Roofing & Consulting Inc., Neil Hoffman and Todd Hoffman Doing business as T & N Roofing, Badruddin Kajani, Sohail Kajani and Shahid Kajani


Before: The Honourable Rice

Reasons for Judgment

Counsel for plaintiff

S. Jackson

Counsel for defendant The Corporation of the City of Kamloops

J.W. Locke

Counsel for TR Underwood Engineering Ltd., Rodney George Gobelle, Torres Engineering Ltd. and Jamie Torres

E.C. Watson

Date and Place of Trial/Hearing:

August 24, 25
and 26, 2004


Vancouver, B.C.


[1]            These interlocutory cross applications arise within two actions by the plaintiff, both concerning a leaky condo building called Emerald Terrace at 712 Sahali Terrace, Kamloops B.C. (“Building”)

[2]            The respondents seek dismissal of the Second Action.  The plaintiff opposes the dismissal and argues instead for a consolidation of the two actions, or alternatively, if the First Action is dismissed, for joinder of the Second Action Defendants as defendants in the First Action.  If the dismissal of the plaintiff’s Second Action is not granted, the City of Kamloops opposes consolidation, but favours an order that the actions be tried together at the same time.  The other Second Action Defendants appearing do not agree to consolidation or the actions being tried together on grounds of prejudice. 


[3]            The plaintiff in both actions is the strata corporation established pursuant to the Condominium Act for the owners of individual units in the Building.  The defendants in both actions are allegedly suppliers of materials and services in connection with the construction of the Building including the City of Kamloops.

[4]            The Building was built between the start of 1993 and the end of 1995.  A certificate of interim occupancy was granted December 18, 1996.  The final certificate of occupancy was issued May 7, 2000.  In 1995 and afterwards, leaks were discovered in the Building.