Darwin Construction (BC) Ltd. v. PC Urban Glenaire Holdings Ltd.
Darwin Construction (BC) Ltd.
Law Firm / Organization
Dentons Canada LLP
PC Urban Glenaire Holdings Ltd.
PC Urban Glenaire 2 Holdings Ltd.
  • Facts: Darwin Construction filed a builders' lien against PC Urban Glenaire for a townhome project dispute. The lien was initially for over $3 million, but the court reduced it to $500,000.
  • Issues: The appeal centered on whether the lien was an abuse of process for being grossly exaggerated and if it should be canceled under the Builders Lien Act.
  • Ruling: The appeal was dismissed, and the cross-appeal was allowed, canceling the lien as an abuse of process due to lack of evidence for the excessive claim.
  • Amount Awarded: Not applicable; the case focused on the validity of the builders' lien, which was canceled.
Court of Appeals for British Columbia
CA48462
Corporate & commercial law
Respondent