Facts: 601 Main Partnership and 5264 Investments Ltd. (Owners) engaged Centura Building Systems Ltd. (Contractor) for a construction project. The Contractor fell behind schedule, leading the Owners to terminate the contract and claim the Contractor's builders lien was inflated, constituting an abuse of process.

Issues: The primary issues were whether the Contractor was responsible for the project delays, whether the termination was justified, if the builders lien claim constituted an abuse of process, and the entitlement to pre-judgment interest and costs.

Court's Ruling: The Court of Appeal partly allowed the Owners' appeal, finding the Contractor had not continued to repudiate the contract after the Owners affirmed it by accepting a recovery schedule. It also allowed part of the Contractor's cross-appeal, ruling that pre-judgment interest at court order rates should have been awarded. The court maintained the trial judge's costs award, dismissing the claim of abuse of process but finding the Contractor overstated the builders lien.

Costs/Damages: The Contractor was awarded $575,576 for work performed up to the contract's termination. The court also recognized the Owners' entitlement to compensatory damages for the Contractor’s abuse of process in overstating the builders lien. Pre-judgment interest at court order rates was deemed applicable.