Canada Case Law

Chase Gamble Homes Inc. v. Kehler

Court

Supreme Court of British Columbia

Mr. Gamble's statements that his crew had quit and he was backing them constituted an unequivocal repudiation of the contract; the defendants accepted that repudiation (Ms. Ritchie's 'No, you are outta here' reflected acceptance); therefore the defendants' primary obligation to pay the invoice ceased and the plaintiff cannot recover the $18,245 or enforce a lien.

Source excerpt

• Repudiation of contract
• Acceptance of repudiation
• Termination of contract
• Set-off
• Discharge of builder's lien
• Third-party indemnity

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New Rightway Contracting Ltd. v. 0790792 B.C. Ltd.

Court

Supreme Court of British Columbia

The court dismissed an application to dismiss for want of prosecution, finding a nine-year delay was inordinate and inexcusable but not seriously prejudicial.

• Dismissal for want of prosecution
• Delay
• Prejudice
• Costs
• Examinations for discovery
• Trial scheduling

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Almas Bros. Contracting Ltd. v. Tomax Enterprises Ltd.

Court

Supreme Court of British Columbia

The court dismissed a motion to dismiss a builders lien action for want of prosecution, finding the delay inordinate and inexcusable but not seriously prejudicial.

• Want of prosecution
• Dismissal for delay
• Builders lien
• Pre-judgment security
• Set-off
• Prejudice

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AAA Rebar Only Ltd. v. 1003708 B.C. Ltd.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed a builders lien and breach of contract action for want of prosecution after six years of delay and prejudice to the defendant.

• Want of prosecution
• Dismissal for delay
• Discovery compliance
• Prejudice
• Costs
• Want-of-prosecution

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Century Group GP Co. Ltd. v. KRS Excavating Ltd.

Court

Supreme Court of British Columbia

The court held that s. 19 of the Builders Lien Act can cover reasonable legal fees for lien investigation and removal, but not all lien litigation costs.

• Wrongful filing of lien
• Meaning of 'costs and damages' under s.19 bla
• Indemnity costs vs party-and-party costs
• Privilege waiver for solicitor files
• Distinction between lien investigation/removal costs and litigation costs
• Builders-lien

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Bridgewater Tile Ltd. v. Copa Development Corporation

Court

Supreme Court of British Columbia

Construction dispute over tiling work, unpaid invoices, alleged defects, and a builders lien. The court found Bridgewater contracted with the owners and upheld the lien.

• Contract formation
• Breach of contract
• Standard of care
• Remediation
• Set-off
• Limitation period

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345 Builders Ltd. v. Su

Court

Supreme Court of British Columbia

The court found the original sale-and-build arrangement had frustrated, held a later building contract was binding, and awarded 345 Builders Ltd. $11,464.78 plus a lien declaration.

• Contract formation
• Frustration
• Cost-plus vs fixed-price
• Estimate vs fixed price
• Repudiation
• Remedies - lien and sale

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Mazzei Electric Ltd. v. Western Canadian Construction Company Ltd.

Court

Supreme Court of British Columbia

The court stayed paragraphs 2-6 of WCCC’s counterclaim, holding those delay claims were arguably subject to arbitration and Mazzei had not taken a step barring a stay.

• Stay of proceedings
• Arbitrability
• Notice requirements
• Contractual interpretation
• Costs
• Stay-of-proceedings

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Tri X Excavating Ltd. v. Morman

Court

British Columbia Court of Appeal

Appeal from a blasting dispute dismissed. The Court of Appeal upheld findings that Tri‑X’s oral contract was limited to rough-grade blasting, with no proven over-blast or damages.

• Blasting services
• Scope of contract
• Duty of care
• Over-blast
• Remediation costs
• Expert evidence

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Parkerdean Plumbing and Mechanical Inc. v. Best Builders Ltd.

Court

Supreme Court of British Columbia

La Corte desestimó por falta de prosecución la reclamación de privilegio de construcción y las reclamaciones contra los propietarios, pero permitió continuar la demanda contractual contra el contratista general.

• Want of prosecution
• Dismissal for delay
• Certificate of pending litigation
• Costs
• Restoration of corporate status
• Want-of-prosecution

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