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The court held that Hi-Tide’s premature builders lien summary trial application warranted costs to Chandos in any event of the cause, with costs of the costs submissions included.
The court held the drywall progress draw was earned, but the final draw was not due because the home was not yet substantially complete. It ordered payment and holdback compliance.
The court granted leave to withdraw deemed admissions from an untimely response to a notice to admit in a builders lien dispute, and accepted the late express admissions.
The court admitted a late affidavit, refused to seal arbitration-related evidence, and reduced lien security by $20,000 while dismissing cancellation under s. 25(2).
The court dismissed a plaintiff’s application for personal judgment against a company owner, finding insufficient evidence to link alleged trust funds to the plaintiff’s unpaid invoices.
Post-trial costs reasons in consolidated construction actions. The court found Conwest and Crown each bore their own costs in one action, while BelPacific recovered Scale B costs jointly and severally.
The court held the builders lien invalid, awarded s. 19 and punitive damages to Outback, and dismissed Mr. Hare’s breach of contract counterclaim.
The court held the plaintiff’s builders lien was filed out of time, discharged it against funds paid into court, ordered rateable distribution, and imposed costs and a $3,000 penalty.
The court refused to join a Fort St. John construction action with several Vancouver registry actions, but ordered the Vancouver cases to be tried together.
The court dismissed Gescan’s contractual claim against Behroozi, finding he signed the credit application in a representative capacity. The trust claim under the Builders Lien Act was adjourned.
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