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The Court of Appeal held the summary-trial dismissal was a limited appeal order requiring leave, converted the notice of appeal, and refused leave.
The court dismissed an application to strike a civil claim for want of prosecution and refused to cancel a CPL, finding the delay was not inordinate or excusable issues aside.
The court adjourned a Builders Lien Act s. 23 petition because the affidavit record was too conflicted and incomplete to fix the holdback security amount.
The Court of Appeal upheld the contractor’s award for work done, found abuse of process in part, and awarded court-order interest on the contractor’s claim.
British Columbia Court of Appeal allowed an appeal and dismissed a builders lien action for want of prosecution after seven years of inaction.
The Court refused to dismiss a builders lien claim for want of prosecution, but held the lien was extinguished because the CPL was not registered in time.
The defendants breached the contract by unilaterally withholding the final contract payment at substantial completion; the written contract including General Conditions governed remedies for deficiencies (warranty available after payment), so the claimant was entitled to the outstanding balance; only proven direct damages (washer and exterior door) were awarded to defendants as setoff totaling $400; claimant awarded balance plus 4% interest and costs.
Source excerpt
The Court of Appeal granted a stay pending a leave application to the Supreme Court of Canada, on condition that the disputed funds be paid into court.
The court held GC 6.5.10 was a no-fault termination clause, awarded Centura payment for completed work less a deficiency setoff, and dismissed interference and abuse of process claims.
A British Columbia trial judge found the subcontractor’s work was deficient, that he abandoned the modified contract, and awarded New City a net recovery after set-off.
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