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.
