Lonsdale Quay Market Corporation v. Klondike Contracting Corporation
Klondike Contracting Corporation
Law Firm / Organization
DLA Piper (Canada) LLP
Lawyer(s)

Michael Lisanti

J.A.W. Fabricators Co. Ltd.
Law Firm / Organization
Synthesis Legal
Lawyer(s)

Stephanie Streat

Austin Metal Fabricators Limited Partnership
Law Firm / Organization
Unrepresented
H.Y. Engineering Ltd.
Law Firm / Organization
Unrepresented
HCL Steel & Coatings Ltd.
Law Firm / Organization
Unrepresented
Centerline Traffic Management Ltd.
Law Firm / Organization
Unrepresented
Buhler Painting Ltd.
Law Firm / Organization
Unrepresented
Walter Silva, as General Partner of Silva Mechanical Services
Law Firm / Organization
Unrepresented
Keith and Son Civil (2023) Ltd.
Law Firm / Organization
Unrepresented
FBS Fairview Builder Services Incorporated
Law Firm / Organization
DLA Piper (Canada) LLP
Lawyer(s)

Michael Lisanti

Bridge Electric Corp.
Law Firm / Organization
Unrepresented
Mega Cranes Ltd.
Law Firm / Organization
Unrepresented
CMDT Concrete Ltd.
Law Firm / Organization
Unrepresented
Ange’s Plumbing Ltd.
Law Firm / Organization
Unrepresented
Geometrix Glass & Design Inc.
Law Firm / Organization
Unrepresented
Retro Specialty Contractors Inc.
Law Firm / Organization
Unrepresented
Brent Neal Janzen
Law Firm / Organization
Unrepresented
All Roads Construction Ltd.
Law Firm / Organization
Unrepresented
Lonsdale Quay Market Corporation
Law Firm / Organization
McMillan LLP

Background:
Lonsdale Quay Market Corporation, the petitioner, hired Klondike Contracting Corporation as the general contractor for a construction project. Klondike engaged various subcontractors, including J.A.W. Fabricators Co. Ltd. Due to unpaid invoices, several subcontractors, including J.A.W., filed lien claims against Lonsdale's property. Klondike eventually went into receivership, and Lonsdale sought to discharge its liability for these lien claims under the Builders Lien Act.

Legal Issues:
Lonsdale requested that, upon paying $521,008.12 (the statutory 10% holdback of the contract price), the lien claims be discharged. J.A.W. opposed, arguing that Lonsdale must pay $949,361.13, which included the J.A.W. lien of $428,353.01. J.A.W. also contended that Lonsdale improperly paid $807,535.67 to Klondike after receiving notice of the lien.

Court’s Discussion:
The court examined sections 23 and 34 of the Builders Lien Act. It determined that Lonsdale, having paid Klondike after notice of the lien, owed $944,111.15 in total. The court rejected Lonsdale’s argument that it could offset additional costs to complete Klondike's defaulted work without holding back extra funds.

Conclusion:
The court ordered that Lonsdale pay $944,111.15 into court to discharge its liability. It deferred addressing issues regarding the distribution of funds and further disputes concerning the receivership of Klondike.

Costs and Award:
The amount to be paid by Lonsdale into court was $944,111.15.

Supreme Court of British Columbia
S241041
Construction law
$ 944,111
Petitioner