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The court held the Second Construction Agreement governed a home-building dispute, found the contractor’s principal breached fiduciary duty under a power of attorney, and awarded damages to the plaintiffs.
The court found there was no clear, specific incorporation of the Ontario arbitration clause into the parties' subcontract documents but concluded that LRL failed to establish a real and substantial connection to Nova Scotia; the balance of convenience favoured Ontario as the more appropriate forum, and the action was stayed pending arbitration, with costs awarded to the defendant.
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Where a contractor purchases materials and incorporates them into a building, the contractor is the purchaser and user for purposes of the Retail Sales Tax Act even if the contract purports to vest title in the Crown upon purchase; contractual transitory title to the Crown does not displace the statutory concept of consumption and the contractors are not entitled to refunds.
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Supreme Court of British Columbia judgment on logging and road-building contracts, awarding the plaintiff part of its unpaid work, extra repair costs, and wrongful-termination damages.
The Court held the parties were bound by the bundle of tender documents (including the Form of Agreement) despite lack of signature; the contractual phrase 'labour costs' meant actual labour costs (wages, benefits, WCB and other regulated costs) exclusive of contractor overhead and profit as expressed in the tender documents; the purchase order did not supersede the tender documents; Chapleau was entitled to recover overpayments shown by audit and judgment on the counterclaim was properly entered against the appellant companies treated as a single contracting entity.
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The Supreme Court of Canada held that the hospital had reasonable grounds to end the construction contract and that clause 8 barred damages.
Canada Supreme Court held that progress payments under a building contract had to preserve the 20% retention as security, and the owner could terminate after the contractor’s default.
Appeal in a sewer construction dispute over delay damages, where the Supreme Court of Canada affirmed the contractor’s judgment and held the city’s conduct waived enforcement of the delay clause.
The Supreme Court of Canada upheld an award for extra payment where subcontractors relied on a contractor’s representation about masonry standards and performed higher-cost work.
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