Background:
Mitsui Home Canada Inc. entered a contract with Elevate Development Corp. to perform turnkey framing for a multi-use development project in Mission, BC. The contract was valued at $4,017,109.65, with a 10% holdback of $401,680.95. Mitsui claimed they completed the work but were not paid the holdback. Elevate disputed this, alleging that Mitsui's work was deficient, causing delays and additional costs, which they sought to offset against the holdback.

Legal Arguments/Issues:
Mitsui sought a declaration that they were entitled to a builder's lien and payment of the outstanding holdback. They also applied to strike portions of an affidavit submitted by Elevate's principal, Scott Bearss, arguing the affidavit contained inadmissible hearsay, expert opinion, and other improper evidence. Elevate conceded some of Mitsui’s objections but defended the admissibility of other portions.

Ruling and Costs:
Justice Latimer struck significant portions of the affidavit, agreeing with Mitsui that many exhibits and statements were inadmissible due to hearsay, lack of expert qualification, and violation of procedural rules. The court admitted some evidence for limited purposes but not for proving the truth of its content. Mitsui Home Canada Inc. was substantially successful and was awarded costs in the cause.