Key Issues

• Whether summary judgment is available under the Builder’s Lien Act, R.S.N.S. 1989, c.277.
• Conflicting case law regarding whether lien claims require a full trial.

Background

• The Plaintiff (Uni Property Developers Ltd.) sought summary judgment to enforce a lien claim and order the sale of properties.
• Previous decisions in Crane Canada Inc. v. Tribeca Mechanical Ltd., 2007 NSSC 160, and Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2004 NSSC 180 reached different conclusions on whether summary judgment could apply.

Legal Analysis & Decision

• The Builders’ Lien Act does not explicitly prohibit summary judgment.
• The court reviewed procedural rules, including Civil Procedure Rule 67, which allows for alternative personal claims in lien actions.
• Justice Norton favored the reasoning in Boehner, which supported summary judgment, and rejected Crane, citing a lack of detailed analysis.
• Supreme Court of Canada decision in Hryniak v. Mauldin, 2014 SCC 7, emphasized the need for accessible and proportionate adjudication, supporting summary judgment when appropriate.
• The court concluded that summary judgment should be permitted in appropriate lien cases.

Outcome

• The decision does not rule in favor of either party regarding the underlying lien claim. Instead, it determines that summary judgment is available in builder’s lien cases.
• No costs awarded.