Key Points:

• Claim: Guildfords sought summary judgment for an amount owed under a Builders Lien holdback retained by Queen’s Marque.
• Background:
  • Queen’s Marque is a large development project in Halifax.
  • Gamma was the primary contractor, with Guildfords as a subcontractor.
  • Guildfords filed a lien for $848,582.56 due to non-payment for completed work.
• Legal Arguments:
  • Guildfords:
    • Argued no genuine issue of material fact existed.
    • Supported by affidavits showing work completion and lien validity.
  • Queen’s Marque:
    • Contested the amounts owed and cited ongoing litigation with Gamma.
    • Argued for various legal points including no statutory mandate for holdback payment.
• Court's Analysis:
  • Applied principles from Arguson Projects Inc. v. Gil-Son Construction Limited.
  • Found no genuine issue of material fact.
  • Held that statutory lien rights were perfected by Guildfords.
  • Determined no significant legal questions necessitated a trial.
• Decision:
  • Summary judgment granted in favor of Guildfords.
  • Ordered Queen’s Marque to pay $815,206.04 plus interest and costs.

Conclusion:

Justice Rowe ruled that Guildfords’ lien was valid and enforceable, requiring Queen’s Marque to release the holdback funds despite their disputes with Gamma. The court emphasized the legislative intent of the Builders’ Lien Act to protect subcontractors.