The court dismissed Gorbern Mechanical Contractors Limited’s motion to discharge or stay Feldt Electric Ltd.’s construction lien action, despite Feldt’s non-payment of an adjudicator’s determination.
The decision finds triable issues regarding the contractual scope of work and the fairness and jurisdiction of the adjudication process.
The court declined to stay the action or return security, emphasizing the need for a trial on the merits and the importance of procedural fairness, even where a party is in breach of statutory payment obligations.
