A Master of the Court of Queen’s Bench of Alberta has ruled in favour of one law firm but against another in a real estate leasing company’s lawsuits against both firms, in a “legal odyssey” he compared to the great classical work by Homer.
“[I]n Homer’s Odyssey it only took Odysseus 10 years to reach his home in Ithaca,” wrote Master of the Court Andrew R. Robertson in his decision, delivered April 18. “It has taken HOOPP Realty about 18 years to get to this point, and the sequence of claims is not over yet.”
In HOOPP Realty Inc. v. Emery Jamieson LLP, 2018 ABQB 276 (CanLII), the problem for the plaintiff began in 2000, when it was the landlord of a new commercial building in Alberta and a tenant complained of a problem with the concrete flooring. HOOPP Realty (which is owned by Healthcare of Ontario Pension Plan) resolved the dispute with its tenant, but at a “significant cost”; it then sued the contractor, Clark Builders, which admitted that the floor construction was deficient.