Western Watershed Designs Inc. has lost a court appeal against the City of Surrey in B.C. Supreme Court in Vancouver after a judge granted Surrey an order for $68,483.40 in security costs against the business.
Following a May 15, 2018 bidding process, Surrey entered into a contract with WWD for stormwater detention construction for the city’s East Clayton Pond Expansion and West Clayton Pond Phase 1 Work after which, according to Justice Sandra Wilkinson in her April 11 judgment , the project “suffered from numerous delays and alleged deficiencies.”
WWD filed a lawsuit against the city on Sept. 24, 2020 to which the city filed a response on Nov. 10, 2020, denying WWD’s claims.
On Nov. 8, 2021, WWD declared bankruptcy and McEown and Associates Ltd. was appointed its trustee. “The City’s application contained evidence that WWD’s liabilities exceed its total assets by $4,454,628.93 and WWD has no unencumbered assets in British Columbia,” Wilkinson noted.
On Nov. 14, 2023 the court granted the city’s application for an order for security for costs against WWD.
After the hearing, Associate Judge Shelagh Scarth ordered that the city was entitled $68,483.40 in security for its costs and WWD filed a notice of appeal against this order on Nov. 27, 2023, which Wilkinson dismissed on April 11.
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