Outback Developments Inc. v. Hare

Outback Developments Inc. v. Hare

The lien was invalidly filed because the defendant was not a contractor in relation to the plaintiff's land (no engagement by Outback and no agreed price) and the plaintiff was not an owner who requested or had prior knowledge that the improvement would be on its land; although part of the geotech anchor extended into Lot 26, Outback lacked prior knowledge such that s.3 deemed authorization does not apply. Consequently s.19 damages and punitive and special costs are appropriate.

Citation
2019 BCSC 2404
Parties
Plaintiff: Outback Developments Inc.; Defendant: Matt Hare
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 May 2019
Procedural Posture
Builders Lien Act Civil Action / Trial and Judgment (reasons for Judgment)
Outcome
Plaintiff's claim for damages for the invalidly filed lien allowed in part; lien declared invalid; defendant's counterclaim for breach of contract dismissed.
Legal Topics
Wrongful Filing of Lien, Deemed Authorization, Improvement on Land, Contract Formation (oral), Punitive and Exemplary Damages, Special Costs, Section 19 Damages, Section 45 Offence
Source Language
English
Builders Lien Act Property Law Contract Law Civil Damages Civil Procedure Wrongful Filing of Lien Deemed Authorization Improvement on Land +5 more

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Parties

Outback Developments Inc.

Plaintiff

Matt Hare

Defendant

Procedural Posture

Builders Lien Act Civil Action / Trial and Judgment (reasons for Judgment)

Legal Issues

  1. 1 Was the retaining wall an improvement on the plaintiff's land?
  2. 2 Was the defendant a contractor entitled to file a builders lien?
  3. 3 Was the plaintiff an owner deemed to have requested the improvement?

Ratio Decidendi

The lien was invalidly filed because the defendant was not a contractor in relation to the plaintiff's land (no engagement by Outback and no agreed price) and the plaintiff was not an owner who requested or had prior knowledge that the improvement would be on its land; although part of the geotech anchor extended into Lot 26, Outback lacked prior knowledge such that s.3 deemed authorization does not apply. Consequently s.19 damages and punitive and special costs are appropriate.

Court Disposition

Plaintiff's claim for damages for the invalidly filed lien allowed in part; lien declared invalid; defendant's counterclaim for breach of contract dismissed.

Orders

  • The builders lien filed by Matt Hare was invalidly filed and is of no force or effect.
  • Award s.19 damages to Outback Developments Inc. in the amount of 1362.18 CAD, plus court ordered interest.