Judge rejects Metro Vancouver bid to delay $250-million North Shore Wastewater Trial

The B.C. Supreme Court has dismissed Metro Vancouver’s attempt to delay the start of a high-profile trial over its cancelled North Shore wastewater treatment plant contract with Acciona, a Spanish infrastructure firm seeking more than $250 million in damages.

In a ruling issued May 13, Justice Bruce Elwood declined Metro Vancouver’s request to postpone the trial, currently scheduled to begin March 1, 2027, to no earlier than September 2028. The Greater Vancouver Sewerage and Drainage District (GVS&DD), which terminated its contract with Acciona in 2022, argued it needed more time to prepare due to the scale of document production and amendments to Acciona’s claim.

“I am not persuaded at this time on the current evidence that an adjournment is necessary in the interests of justice to ensure that there is a fair trial on the merits of the action,” Elwood wrote.

Acciona filed its lawsuit in 2022, alleging that Metro Vancouver made it impossible to design and build the facility on the site as required and failed to honour payment obligations. Metro Vancouver has counterclaimed for over $1 billion, alleging significant breaches by Acciona. The trial is scheduled to run for 130 days. Justice Elwood acknowledged that the case is complex and preparation has strained Metro Vancouver’s legal team. But he said the timeline remained reasonable given the nature and magnitude of the case.

“The GVS&DD is a sophisticated litigant represented by one of the leading law firms in the country,” he wrote. “The resources required to litigate this case on the current schedule are not disproportionate to the amount of money involved, the importance of the issues, or the complexity of the proceedings.”

The court also found that any further delay would risk irreparable harm to Acciona’s ability to present its case, citing the loss of witnesses and the fading of human memory. “There is a real risk to Acciona of a loss of evidence if the adjournment is granted, which would cause non-compensable prejudice to Acciona’s right to fair trial,” Elwood wrote.

However, the judge did grant Metro Vancouver’s request to amend the case plan, allowing it to submit new documents every six months instead of every four. He also ordered Metro Vancouver to collect and disclose relevant documents in the possession of engineering firm AECOM, which acted as the owner’s engineer on the project. The judge ruled that these documents were accessible under the terms of Metro’s agreement with AECOM.

The $3.8-billion treatment plant is now expected to be completed in 2030.