DEB Construction Ltd. v Mondiale Development Ltd.
Deb Construction Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

S. Visram

Mondiale Development Ltd.,
Law Firm / Organization
Not Specified
Lawyer(s)

A. Cameron

A. Butler

Total Station Layout Ltd.
Law Firm / Organization
Not Specified
Pinnacle International (West First) Plaza Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

A. Cameron

A. Butler

In the case of DEB Construction Ltd. v Mondiale Development Ltd. dated July 10, 2023, the plaintiff, DEB Construction Ltd., claimed that an amount of $273,973.76 was owed to them under their contract with the defendant, Total Station Labour Ltd. The dispute arose from an arrangement where DEB had been concerned about not being paid by Total Station. Mondiale, the general contractor, had agreed to pay DEB directly. DEB had filed a lien despite receiving payments, arguing that certain amounts for statutory deductions and profit remained unpaid. The litigation history involved various exchanges and adjournments. Defendants had argued the merits of the case, pointing out inconsistencies in DEB's representative's testimony. DEB emphasized the lack of cooperation by the Defendants in providing documents related to the dispute. There had been an inordinate delay of over eight years since the case was filed, with little progress made by DEB in recent years. Defendants had shown prejudice due to the lien filed against their property. DEB's claim was dismissed due to the inexcusable delay, presumption of prejudice, and the interests of justice. The application of the Defendants was granted with costs.
Supreme Court of British Columbia
S153168
Corporate & commercial law
Defendant