Blu Fox Form & Frame Inc. v. Aplomado Developments Ltd.

Blu Fox Form & Frame Inc. v. Aplomado Developments Ltd.

The parties had effectively abandoned the formal contract and the plaintiff's lien claim was inconsistent with the evidence; given evidence of defective and incomplete work by the plaintiff, the defendant's counterclaim and the overall circumstances, the court fixed security at $25,000 under s.24(2) as sufficient to protect the lien claim; defendant succeeded on the application and costs were reserved in the cause.

Citation
2011 BCSC 391
Parties
Plaintiff: Blu Fox Form & Frame Inc.; Defendant: Aplomado Developments Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 March 2011
Procedural Posture
Interlocutory Application Under the Builders Lien Act to Fix Security for Cancellation of a Builder's Lien / Application to Fix Security (s.24) Interlocutory
Outcome
Application granted in part: security fixed at $25,000; defendant successful on the application; costs in the cause.
Legal Topics
Security for Cancellation of Lien, Sufficient Security, Set Off for Defective Work, Holdback, Interlocutory Relief
Source Language
English
Construction Law Builders Lien Contract Law Property Law Security for Cancellation of Lien Sufficient Security Set Off for Defective Work Holdback +1 more

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Parties

Blu Fox Form & Frame Inc.

Plaintiff

Aplomado Developments Ltd.

Defendant

Procedural Posture

Interlocutory Application Under the Builders Lien Act to Fix Security for Cancellation of a Builder's Lien / Application to Fix Security (s.24) Interlocutory

Legal Issues

  1. 1 What constitutes sufficient security under s.24(2) of the Builders Lien Act
  2. 2 Whether the plaintiff's lien claim is supported by the evidence and requires full security
  3. 3 Extent to which the owner's claim for defective and incomplete work offsets the lien

Ratio Decidendi

The parties had effectively abandoned the formal contract and the plaintiff's lien claim was inconsistent with the evidence; given evidence of defective and incomplete work by the plaintiff, the defendant's counterclaim and the overall circumstances, the court fixed security at $25,000 under s.24(2) as sufficient to protect the lien claim; defendant succeeded on the application and costs were reserved in the cause.

Court Disposition

Application granted in part: security fixed at $25,000; defendant successful on the application; costs in the cause.

Orders

  • Security in the sum of $25,000 to be provided satisfactory to the court to protect the plaintiff's claim of lien
  • Costs in the cause pursuant to R.14-1(12) of the Rules of Court