Albert Engel

The plaintiff demolition subcontractor brought a lien action for unpaid work, and the defendant general contractor counterclaimed for damages caused when the plaintiff severed an underground electrical duct bank, causing a power outage at a wastewater treatment plant.

The court found the plaintiff breached its subcontract and was negligent by failing to review drawings, obtain locates, and follow its own demolition plan.

However, the court also found the defendant 15% contributorily negligent for failing to communicate its knowledge of the duct bank to the plaintiff.

The plaintiff's lien claim was offset against 85% of the defendant's damages, resulting in a net judgment payable by the plaintiff to the defendant.

Zurich, the surety for the insolvent general contractor Bondfield, brought a motion to intervene as a party in a construction lien reference.

Zurich sought to participate in a vetting committee for the distribution of the owner's holdback among the timely lien claimants.

The court granted the motion, finding that Zurich had a direct interest in the holdback because it had made significant holdback advances to the major electrical and mechanical trades and had taken partial assignments of their lien rights.

The court ordered the timely claimants to pay Zurich's costs of $30,000.

Suncor Energy Products Inc. brought an application to quash several municipal by-laws passed by the Town of Plympton-Wyoming that restricted the development of a wind farm project.

The court found that By-Law 50 of 2012 was invalid for vagueness and uncertainty, and conflicted with provincial legislation regarding renewable energy approvals.

The court also quashed portions of By-Law 6 of 2012 relating to building permit fees and security deposits, and portions of By-Law 75 of 2012 imposing development charges for wind turbines, finding them ultra vires.

The court declared that the Town's zoning by-laws passed under the Planning Act did not apply to the renewable energy undertaking.