Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free?
British Columbia, Canada
The following excerpt is from Laboucane v. Brooks (Question of Costs), 2003 BCSC 1807 (CanLII):
Regarding the 4th “situation” outlined in Milina, Drost, J. in Privest Properties v. Fo[u]ndation Co. of Canada Ltd. [1999] B.C.J. (Q.L.) No. 2234 (B.C.S.C.) dealt with an allegation made by the plaintiff that one of the third parties had failed to draft specifications to clearly state that certain fireproofing was to be asbestos-free and that another third party acting upon instructions from the plaintiff prepared a document which became part of the contract between the plaintiff and the defendant but did not include in the document that the fireproofing was to be asbestos-free. Drost, J. concluded that the third party that did not include the requirement in the document “... ought to have been a defendant, and it was both natural and inevitable that they be joined as a third party”. (at para. 68) In those circumstances, Drost, J. concluded that the plaintiff should be responsible for the payment of the costs of one of the third parties.
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