Teck Cominco Metals Ltd. v Foster Wheeler Pyropower Inc., 2010 B.C.C.A. 51

Counsel for Foster Wheeler Pyropower Inc. in a negligence claim related to the manufacture of a radiant boiler.

Matter Value: CAD 25,000,000

Diana Dorey, Monika Gehlen and Blair Shaw won an important procedural battle in the Court of Appeal. The firm's client, Foster Wheeler Pyropower Inc., is currently being sued for roughly $25 million as a result of an explosion at Teck Cominco's smelter in Trail, BC. At this point, the issue has been narrowed down to the rights of another party's expert to microscopically examine a few centimeters of tubing. Shaw, Gehlen and Dorey managed to overturn an order of the case management judge who had essentially given that expert carte blanche to keep the results from our client. While it seems like a small victory, it secures a big tactical advantage for Foster Wheeler, and greatly confines the other side's privilege claim.