The dispute between the international joint venture contractor SAR Transit (comprised of SC Infrastructure, a division of Armbro Enterprises Inc./BFC Construction Corporation, AMEC E&C Services Limited and Rizzani de Eccher S.p.A.) and the province of British Columbia was resolved in October 5, 2001 following extensive litigation and mediation efforts between the parties.
SAR Transit’s claims arose out of its $209 million contract with the province and delays in the construction of the Millenium Line extension to Vancouver’s rapid transit system. Following an impasse in negotiations between the parties, SAR Transit commenced action in the Supreme Court of British Columbia earlier this year and a 52-week trial of the various issues was scheduled to commence in September 2003. In August and September 2001, the parties were able to agree to a three-step process of mediation to attempt to resolve SAR Transit’s claims. This process allowed for numerous technical issues to be resolved directly between client representatives, followed by secondary level and final level negotiations that involved a mixture of client and counsel resources. The parties were greatly assisted by the efforts of the mediator, former B.C. Supreme Court judge, Bruce Macdonald, to settle on additional compensation of $42 million.
Vancouver’s Borden Ladner Gervais LLP were both project and litigation counsel for SAR Transit, led by Cristopher O’Connor and Edward Chiasson, Q.C., and including a team of Michael Skene, Douglas Sanders, Angus Gunn and Christopher Eagles. The province and the Crown corporation, Rapid Transit Project 2000 Ltd., were represented by Fasken Martineau DuMoulin LLP’s Marina Pratchett, Q.C., Allan Seckel, Alex Cameron, Radha Reddy, Kevin O’Callaghan and Bonnie Nipp. BC Transit was represented by C. Edward Hanman of Victoria, B.C.
SAR Transit’s claims arose out of its $209 million contract with the province and delays in the construction of the Millenium Line extension to Vancouver’s rapid transit system. Following an impasse in negotiations between the parties, SAR Transit commenced action in the Supreme Court of British Columbia earlier this year and a 52-week trial of the various issues was scheduled to commence in September 2003. In August and September 2001, the parties were able to agree to a three-step process of mediation to attempt to resolve SAR Transit’s claims. This process allowed for numerous technical issues to be resolved directly between client representatives, followed by secondary level and final level negotiations that involved a mixture of client and counsel resources. The parties were greatly assisted by the efforts of the mediator, former B.C. Supreme Court judge, Bruce Macdonald, to settle on additional compensation of $42 million.
Vancouver’s Borden Ladner Gervais LLP were both project and litigation counsel for SAR Transit, led by Cristopher O’Connor and Edward Chiasson, Q.C., and including a team of Michael Skene, Douglas Sanders, Angus Gunn and Christopher Eagles. The province and the Crown corporation, Rapid Transit Project 2000 Ltd., were represented by Fasken Martineau DuMoulin LLP’s Marina Pratchett, Q.C., Allan Seckel, Alex Cameron, Radha Reddy, Kevin O’Callaghan and Bonnie Nipp. BC Transit was represented by C. Edward Hanman of Victoria, B.C.
