Buckle v. Timberview Developments Ltd.

Buckle v. Timberview Developments Ltd.

The court declined to find the respondent's lien claims plainly unsustainable because of conflicting affidavit evidence and, exercising s.24 discretion, fixed security at $450,000 as a reasonable compromise; upon payment of that security the lien and any related C.P.L. would be cancelled and no further claims permitted against the title.

Citation
2016 BCSC 1301
Parties
Petitioner: Steve Buckle; Petitioner: 0827934 B.C. Ltd.; Respondent: Timberview Developments Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 July 2016
Procedural Posture
Builders Lien Act S.24 Application / Application for Cancellation of Claim of Lien (reasons for Judgment, in Chambers)
Outcome
Application granted in part: lien and related C.P.L. to be cancelled upon payment of security fixed at $450,000; respondent barred from further claims against the property in relation to the lien.
Legal Topics
Builders Lien, Security for Lien, Cancellation of Lien, Certificate of Pending Litigation
Source Language
English
Property Law Construction Law Civil Procedure Builders Lien Security for Lien Cancellation of Lien Certificate of Pending Litigation

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Parties

Steve Buckle

Petitioner

0827934 B.C. Ltd.

Petitioner

Timberview Developments Ltd.

Respondent

Procedural Posture

Builders Lien Act S.24 Application / Application for Cancellation of Claim of Lien (reasons for Judgment, in Chambers)

Legal Issues

  1. 1 Whether a claim of lien may be cancelled under s.24 of the Builders Lien Act upon payment of security
  2. 2 What amount of security is appropriate under s.24
  3. 3 Whether the lien claimant's case is plain and obvious to fail such that parts of the claim can be disregarded when fixing security

Ratio Decidendi

The court declined to find the respondent's lien claims plainly unsustainable because of conflicting affidavit evidence and, exercising s.24 discretion, fixed security at $450,000 as a reasonable compromise; upon payment of that security the lien and any related C.P.L. would be cancelled and no further claims permitted against the title.

Court Disposition

Application granted in part: lien and related C.P.L. to be cancelled upon payment of security fixed at $450,000; respondent barred from further claims against the property in relation to the lien.

Orders

  • Petitioners to pay $450000 into court as security for the payment of the claim of lien.
  • Upon payment and production of a court‑certified copy of the order together with the Registrar's certificate that the amount has been paid, the Registrar of Titles at the New Westminster Land Title Office shall cancel the lien claim and any C.P.L. filed in relation to that claim as against the property.