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Capital Crane Limited v. International Union of Operating Engineers, Local 904
  • Case Overview: Capital Crane Limited sought to amend its Statement of Claim against the International Union of Operating Engineers, Local 904, Benefits Plan Administrators (BPA), and Trustees of the union's welfare plan. The case centers on an alleged overpayment by Capital Crane into a health and welfare fund managed by BPA.

  • Requested Amendments:

    • Capital Crane aimed to include claims of negligence and breach of fiduciary duty against BPA and the Union, asserting that the overpayment unjustly enriched the defendants and should be returned.
    • The company also alleged that the Union acted as a de facto trustee and breached its fiduciary duties.
  • Court's Decision:

    • Approved: The court permitted amendments that clarified existing claims, such as correcting terminology and specifying details about the overpayment.
    • Rejected: The court denied amendments that introduced new claims of unjust enrichment against BPA and the Union, as the funds were properly placed in the trust. Claims of negligence and breach of fiduciary duty against BPA were also rejected because BPA owed no duty of care to Capital Crane. Allegations of the Union as a de facto trustee were dismissed due to a lack of legal basis.
  • Costs: The court awarded costs to the Defendants under Column III of the Scale of Costs. The exact monetary value of these costs is not specified in the judgment.

Capital Crane Limited
Law Firm / Organization
Cox & Palmer
Lawyer(s)

Ashley Savinov

International Union of Operating Engineers, Local 904
Law Firm / Organization
Pink Larkin
Benefits Plan Administrators (Atlantic) Limited
Law Firm / Organization
McInnes Cooper
Lawyer(s)

Chris King, KC

Vincent Van Zutphen
Law Firm / Organization
Pink Larkin
John Mulcahy
Law Firm / Organization
Pink Larkin
Dermot Cain
Law Firm / Organization
Pink Larkin
Joseph Maclellan
Law Firm / Organization
Pink Larkin
Kenneth Estabrooks
Law Firm / Organization
Pink Larkin
Blair McKinnon
Law Firm / Organization
Pink Larkin
William Carey
Law Firm / Organization
Pink Larkin
Micheal Marsh
Law Firm / Organization
Pink Larkin
John Flaherty
Law Firm / Organization
Pink Larkin
John Power, as Trustees of the International Union of Operating Engineers Locals 721, 942 & 904 Welfare Plan Trust Fund
Law Firm / Organization
Pink Larkin
Supreme Court of Newfoundland and Labrador
201301G5338
Labour & Employment Law
Not specified/Unspecified
Defendant