The appellant appealed a partial summary judgment granted to the respondent for unpaid invoices on a construction project.
The appellant argued it was entitled to set-off monies related to alleged deficiencies on unrelated projects under s. 12 of the Construction Lien Act or by way of equitable set-off.
The Court of Appeal dismissed the appeal, finding that s. 12 did not apply because no trust funds were retained, and equitable set-off was unavailable because the projects were entirely separate and unrelated.
