Eastern Canadian Structures Limited v. MasTec Canada Incorporated
Eastern Canadian Structures Limited
Law Firm / Organization
Pink Larkin
MasTec Canada Inc.
Law Firm / Organization
Burnet, Duckworth & Palmer LLP
Lawyer(s)

Susan Fader

Structural Panels Inc.
Law Firm / Organization
Brenton Kean
Lawyer(s)

Michael D. Brenton

Central Erectors Inc.
Law Firm / Organization
Not Specified
Allsteel Builders (2) Limited
Law Firm / Organization
Stewart McKelvey
Crane-Tec Service Inc.
Law Firm / Organization
Burchell MacDougall Lawyers LLP
Lawyer(s)

Michael Brooker

2025 NSSC 68, February 20, 2025

  • Eastern Canadian Structures Limited (Eascan) and MasTec Canada Inc. disputed defects in exterior insulated metal panels at a Maritime Link converter station.
  • MasTec terminated its contract with Eascan, citing defects and delays. Eascan sought damages and filed third-party claims against Allsteel Builders (2) Limited and Structural Panels Inc. (SPI).
  • Allsteel moved for summary judgment, arguing there was no evidence it caused panel deformities.
  • The court found genuine issues of material fact, including:
    • Whether Allsteel followed SPI’s installation instructions.
    • Whether deformities were aesthetic or structural.
    • The actual cause of defects.
  • Summary judgment was denied, and Allsteel remained a party.
  • Costs were awarded to Eascan and SPI.

2025 NSSC 88, March 4, 2025 – Addendum

  • Allsteel separately sought summary judgment to dismiss SPI’s claim, arguing no contractual link and that SPI’s claim was pure economic loss.
  • The court ruled:
    • It was unclear if defects posed structural risks, meaning loss might not be purely economic.
    • Allsteel provided labour, not goods, meaning no established category of proximity applied.
    • Allsteel failed to prove no genuine issue of material fact existed.
  • Summary judgment was again denied, and Allsteel remained subject to SPI’s claim.

Outcome

  • Allsteel lost both motions and remains a defendant.
  • Eascan and SPI successfully opposed and were awarded costs. No amount specified.
Supreme Court of Nova Scotia
Hfx No. 460890
Civil litigation
Plaintiff