Brick Warehouse Corp. v. Crawford

Brick Warehouse Corp. v. Crawford

Graystar was a project manager/agent under its contract with the owner and did not have the contractual obligation to perform work or place or furnish materials on the improvement; therefore it was not a 'contractor' within s.2 of the pre-1997 Builders Lien Act, s.2 did not apply, and neither Graystar's officers (the appellants) nor Graystar were liable under that statutory trust; appeal allowed and action dismissed.

Citation
2003 BCCA 482
Parties
Respondent/plaintiff: The Brick Warehouse Corporation; Appellant/defendant: James William Crawford; Appellant/defendant: Theresa Margaret Elizabeth Crawford; Co Defendant: Graystar Project Management Ltd.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
4 September 2003
Procedural Posture
Civil Appeal (builders Lien Act/trust and Director Liability) / Court of Appeal Oral Reasons Allowing Appeal and Dismissing Action
Outcome
Appeal allowed; action dismissed.
Legal Topics
Statutory Trust Under S.2, Definition of Contractor, Personal Liability of Corporate Officers, Agency Vs Principal/contractor
Source Language
English
Builders Lien Act Trust Law Corporate/officer Liability Contract Law Civil Appeals Statutory Trust Under S.2 Definition of Contractor Personal Liability of Corporate Officers +1 more

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Parties

The Brick Warehouse Corporation

Respondent/plaintiff

James William Crawford

Appellant/defendant

Theresa Margaret Elizabeth Crawford

Appellant/defendant

Graystar Project Management Ltd.

Co Defendant

Procedural Posture

Civil Appeal (builders Lien Act/trust and Director Liability) / Court of Appeal Oral Reasons Allowing Appeal and Dismissing Action

Legal Issues

  1. 1 Whether Graystar was a 'contractor' under s.2 of the pre-1997 Builders Lien Act
  2. 2 Whether s.2 imposed a trust on monies Graystar received and made appellants personally liable
  3. 3 Whether appellants personally received trust monies

Ratio Decidendi

Graystar was a project manager/agent under its contract with the owner and did not have the contractual obligation to perform work or place or furnish materials on the improvement; therefore it was not a 'contractor' within s.2 of the pre-1997 Builders Lien Act, s.2 did not apply, and neither Graystar's officers (the appellants) nor Graystar were liable under that statutory trust; appeal allowed and action dismissed.

Court Disposition

Appeal allowed; action dismissed.

Orders

  • Appeal allowed
  • Action dismissed