Citation: Panache Interiors, Inc. v. Sicis North America, Inc. Date: 20110711 2011 BCPC 0430 File No: 21524 Registry: Cranbrook IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BETWEEN: PANACHE INTERIORS, INC. CLAIMANT AND: SICIS NORTH AMERICA, INC. DEFENDANT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE WEBB Appearing for Panache Interiors by teleconference: J. Nairn, an officer of the company Counsel for the Defendant: R.S. Miles Place of Hearing: Cranbrook, B.C. Date of Judgment: July 11, 2011 [ 1 ] THE COURT: I am going to do this.
It is a mid-point that will make neither of you happy. [ 2 ] I will give Panache 30 days to file an amended Notice of Claim, which you say you have done -- [ 3 ] JOHN NAIRN: Yes, sir. [ 4 ] THE COURT: -- claiming negligence, and I will allow the application of -- is it Sicis? [ 5 ] JOHN NAIRN: Yes. [ 6 ] THE COURT: Of the applicant to dismiss the claim as it relates to the breach of the contract. [ 7 ] The breach of contract claim is dismissed. The negligence matter, provided that the amended Notice of Claim has been filed within 30 days, can be set for a settlement conference in Invermere.
The defendant and counsel can appear by phone if they wish. [DISCUSSION RE SETTING SETTLEMENT CONFERENCE] [ 8 ] THE COURT: Just one other thing. I will make a further order that the parties, if they wish to rely on any case law supporting their position that negligence is or is not governed by the terms of the contract, they should file the case law seven days before the
settlement conference. (REASONS FOR JUDGMENT CONCLUDED)