Defendant in Bentall V flood lawsuit wins bid to add contractor as third party

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      The owners of one of a 35-storey Vancouver office tower aren't happy about a flood that occurred on March 18, 2015.

      In 2017, Bentall Kennedy (Canada) Limited Partnership, Newvest Realty Company, and various other parties filed a notice of civil claim, seeking damages from water damage at Bentall V at 550 Burrard Street.

      They alleged that the flood was caused by "a failure of an aspect of the tower's water pipes", according to a recent court decision.

      The building was constructed in two phases, with the first 22 floors completed in 2002. The upper 13 floors were finished in 2007.

      There's a long list of defendants: Davidson Bros. Mechanical Contractors Ltd., Teekay Shipping (Canada) Ltd., ABC Plumbing Company No. 1, John Doe No. 1, ABC Plumbing Company No. 2, John Doe No. 2, ABC Mechanical Engineering Company No. 3, Flow Consulting Group Inc., Smith-Blair Inc., Aberdane Construction Ltd., William Kelly & Sons Plumbing Contractors (1989) Ltd., Stantec Consulting Company Ltd. Stantec Experts-Conseils Ltee, and Servantage Services Corp.

      One of those defendants, Davidson Brothers, successfully applied to add Trotter and Morton Building Technologies Inc. as a third party to the claim.

      Trotter did not oppose the application, even though the third-party notice application was not filed within the two-year period specified under the Limitation Act.

      "I understand from counsel’s written submissions that that hearing was adjourned at the request of Trotter to allow Trotter to receive legal advice," Justice Francesca Marzari wrote in her June 17 ruling. "Having asked for that adjournment, I assume that Trotter is not relying upon that delay to raise a limitation defence."