The appellant contractor abandoned a parking lot expansion project after the respondent owner refused to pay the second instalment.
The appellant registered a construction lien for the full unpaid balance of the contract and sued for quantum meruit.
The trial judge found the respondent breached the contract but held the appellant liable under s. 35 of the Construction Lien Act for filing a grossly excessive lien, ultimately awarding a net judgment and $55,000 in costs to the respondent.
On appeal, the Court of Appeal upheld the trial judge's findings on breach, quantum meruit, and s. 35 liability, noting the appellant failed to elect damages for breach of contract.
However, the Court set aside the trial costs award, finding it disproportionate given the appellant's success on the central issue of breach, and ordered no costs throughout.
