CIVIL PROCEDURE - Appeals - Standard of review - Correctness

Law360 Canada ( November 3, 2025, 9:46 AM EST) -- Appeal by Nuera Platinum Construction Ltd. and Over & Above Reno and Contracting Ltd. (Nuera parties) from chambers judge’s dismissal of their claim for long delay. The genesis of this dispute was a property fire that occurred during a construction project on a property owned by Center Street Limited Partnership (Center Street). The fire damaged the property, and Center Street filed an action against the Nuera parties, who were managing and working on the project, and a separate action against Lloyd’s of London, the project’s insurer. 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. On appeal to this Court, the Nuera parties argued that the chambers judge erred on two grounds. First, they argued that the judge erred in finding the letter agreement was an agreement to suspend the application of rule 4.33 of the Alberta Rules of Court. Secondly, once the judge determined the trades action and the coverage action were inextricably linked, she erred by failing to apply the correct test and failing to consider whether a step taken in the coverage action significantly advanced the trades action. In deciding whether to grant the appeal, the court stated the questions to be answered as: Was the letter agreement a standstill agreement? Were the advances in the coverage action significant advances in the trades actions?...
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