Case Overview:
In Savory 2588 Developments Ltd. and Eagle Crest Canada Construction Ltd. v. HQM Contracting Ltd., the petitioners sought to discharge builders liens on a construction project. The respondents, subtrades contracted through Cobrafer Construction Ltd., filed lien claims after Cobrafer terminated its contract with the petitioners over alleged non-payment.

Legal Issues:
The main issue concerned how much security the petitioners needed to pay into court to substitute for the respondents’ liens, which totaled $276,086.10. The petitioners argued they should only pay $182,229.39, representing the statutory 10% holdback under the Builders Lien Act (BLA). Key disputes included whether Cobrafer had completed its work, the validity of unpaid invoices, and how to calculate the holdback amount based on the work done.

Positions of the Parties:
The petitioners claimed that deficiencies in Cobrafer’s work reduced the holdback to $145,678.25 and further justified a lower security amount. The respondents and Cobrafer argued that the lien claims should stand until the trial determines the exact amount owed.

Court Ruling:
The court adjourned the petition, allowing the petitioners to convert the case into a civil claim for further determination of the holdback amount via summary trial. The court did not award any costs or settle the lien issue, postponing it for future litigation.