The appellant general contractor appealed a trial judgment allowing part of the respondent subcontractor's construction lien claim.
The appellant argued the trial judge erred in denying a credit for PST, in his treatment of extras and back charges, and in treating the owner's legal costs as a costs issue rather than a charge back under the subcontract.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings and agreeing that equitable estoppel applied to the PST issue and that the legal costs were properly treated as a costs matter.
