Law360 Canada ( August 24, 2026, 9:36 AM EDT) -- Appeal by Opabin Sand and Gravel Inc. (Opabin) from decision refusing to strike the amended counterclaim of VINCI GeoInfrastructure Canada Limited (VINCI). VINCI was the general contractor for the Springbank Off-Stream Reservoir project. Sarcee Gravel Products Ltd. (Sarcee) and Tsuu T’ina Contracting Limited Partnership issued purchase orders to Opabin to supply materials for the project. Opabin alleged the parties agreed its work would resume in the spring of 2023 but, on VINCI’s direction, the subcontractors did not proceed with the balance of the purchase orders. Opabin delivered notice of an approximately $9,000,000 claim to Alberta and later commenced an action against VINCI, the subcontractors, and Alberta. VINCI filed an amended counterclaim alleging Opabin was liable for the torts of abuse of process and conversion. VINCI alleged Opabin commenced the action and issued the Public Works Act notice for the improper purpose of using the economic pressure caused by withheld progress payments to pressure Sarcee to acquiesce to Opabin’s claims for compensation or to obtain further supply agreements for the project or otherwise. VINCI further alleged the Public Works Act claim wrongfully interfered with its entitlement to progress payments from Alberta. The applications judge struck the amended counterclaim for disclosing no reasonable claim. The chambers judge allowed the counterclaim to proceed, holding it was not plain and obvious that the claims in abuse of process and conversion were hopeless. The issues were whether the chambers judge erred in concluding the amended counterclaim disclosed reasonable causes of action in abuse of process and conversion....