[1] The genesis of this dispute is a property fire that occurred during a construction project on a property owned by the respondent, Center Street Limited Partnership. The fire damaged the property, and Center Street filed an action against Nuera Platinum Construction Ltd and Over & Above Reno and Contracting Ltd (Nuera parties), who were, respectively, managing and working on the project, and a separate action against Lloyd’s of London, the project’s insurer.

[2] The Nuera parties applied to have the claim against them dismissed for long delay. An applications judge dismissed that application, and a chambers judge dismissed their appeal. They now appeal to this Court.

[3] Two questions must be considered in determining whether the appeal should be granted. The first is whether the parties’ agreement that the respondent would pursue the coverage action against the insurer and, if successful, abandon the trades action against the Nuera parties, is a standstill agreement. The second is whether advances in the coverage action should be considered significant advances in the trades action such that rule 4.33(2) of the Rules did not apply. If the answer to either or both questions is yes, then the appeal must be dismissed.

[4] We conclude the agreement is not a standstill agreement but the trades action was significantly advanced and dismiss the appeal.

Continue reading “Center Street Limited Partnership v Nuera Platinum Construction Ltd, 2025 ABCA 290” →