Limen Structures Ltd v. Brookfield Multiplex Construction Canada Ltd. 2016 Ont SCJ (MC)
Subcontractor and general contractor were claiming millions of dollars in delay claims against each other. The general brought a motion under section 67 of the Construction Lien Act for leave to bring a summary judgment motion on the basis that the subcontractor failed to give proper notice of delay and notice of particulars of its delay claim as required by the contract. The general claimed that the motion would expedite the resolution of the issues in dispute. The Master agreed. The motion would resolve the issue of notice in advance of the trial, reducing the issues for trial, and confining damage quantification to the period for which proper notice was given. The Master noted that the quantum in issue was irrelevant to the test for leave, as was evidence on the merits of the motion. As an aside, the Master noted that, as a result of the reference to her, she had all the powers of a judge to determine the summary judgment motion, including the powers conferred by rules 20.04(2.1) and (2.2).
Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.