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Motion for leave to appeal dismissed with no order as to costs.
The moving party brought a motion for leave to appeal the decision of the lower court judge.
The Divisional Court dismissed the motion for leave to appeal.
As no costs outline was provided, the court ordered no costs.
The court partially reduced a $35.25 million construction lien to $23.67 million after finding certain delay damages were exaggerated, but directed other issues to trial.
This decision concerns a motion by Ausenco Engineering Canada Inc. to discharge or reduce a construction lien registered by Scott Steel Erectors Inc. in relation to the Magino Gold Mine project.
The court addresses whether Scott Steel could register a lien for work performed under multiple subcontracts, including work by a related entity, Scott Concrete Services Inc., and whether the lien was willfully exaggerated by the inclusion of delay damages.
The court finds that there is a triable issue regarding the application of promissory estoppel and the treatment of the subcontracts "as one" but holds that there is no triable issue as to delay damages under certain subcontracts.
The lien is reduced to $23,670,377.46 plus HST.
