601 Main Partnership v. Centura Building Systems (2013) Ltd.
601 Main Partnership
Law Firm / Organization
Kornfeld LLP
5264 Investments Ltd.
Law Firm / Organization
Kornfeld LLP
Centura Building Systems (2013) Ltd.

 

Background Facts: 601 Main Partnership, the developer, issued a notice of default when Centura fell behind schedule. A recovery schedule was agreed upon, but delays continued, leading to Centura's termination in January 2016. Centura then filed a builder’s lien for $1.136 million, which the owners contested as inflated.

Legal Issues: The key legal issues included the responsibility for delays, the legitimacy of the contract termination, and whether Centura’s lien constituted an abuse of process. The owners sought damages for the alleged inflated lien and associated costs.

Judgment and Awards: The court ruled in favor of 601 Main Partnership and 5264 Investments Ltd., awarding them:

  • Compensatory damages related to the overstated lien, with interest on $412,409.44 at court-ordered pre-judgment rates from April 14, 2016, to February 25, 2022 (exact amount to be determined).
  • 30% of the total trial costs at Scale C due to false testimony by Centura’s principal witness.
Court of Appeals for British Columbia
CA48186; CA48863
Construction law
$ 1,151,152
Appellant