Background:
2238649 Alberta Ltd. and 101200672 Saskatchewan Ltd. sued Graham Carillion NBJV and related entities over a multi-million-dollar construction dispute regarding the North Battleford Project in Saskatchewan. The claims involved breach of contract, unpaid invoices, and change orders totaling $9.7 million, a $14 million delay claim, and a $20 million unjust enrichment claim. Additional disputes arose over electrical work at the University of Saskatchewan.

Legal Issues:

1. Failure to Post Security for Costs – The plaintiffs failed to comply with security for costs orders issued in August 2022, leading Graham Carillion NBJV and Graham Construction to apply for dismissal.
2. Limitations Period – Graham Carillion NBJV argued the claims were statute-barred under The Limitations Act, as they were discoverable by December 2017 but not filed until January 2020.
3. Lack of Authority to Sue – The plaintiffs commenced the actions while 101200672 Saskatchewan Ltd. was in receivership, without court authorization.
4. Arbitration Clause – The subcontract required disputes to proceed by arbitration, which the plaintiffs ignored.

Outcome and Costs:
The court dismissed all four claims for non-compliance with security for costs and struck them as an abuse of process. Graham Carillion NBJV and Graham Construction were awarded $2,500 each in application costs and full costs on Column 3 of the Tariff of Costs for the dismissed actions.