Digest: Double K Excavating Ltd. v Aspen Village Properties Ltd., 2018 SKQB 181

• Date: June 18, 2018

Reported as: 2018 SKQB 181

Docket Number: QB17560 , QBG 1015/16 JCR

Court: Court of Queen's Bench

Date: 2018-06-18

Judges:

• Leurer

Subjects:

• Builders� Lien � Application to Extend Time for Trial

Digest: The plaintiff registered a lien pursuant to The Builders� Lien Act (BLA) and commenced an action by statement of claim on May 2, 2016. The claim asserted a cause of action based on breach of contract and sought to enforce the plaintiff�s builders� lien. Under s. 55(1) of the BLA, a lien expires if the action is not set down for trial within two years of the day the action is commenced. Under s. 55(2), the plaintiff applied to the court to extend the time to have this matter set down for trial. The respondent applied to strike the lien claims.
HELD: The application was dismissed. Under s. 55(1) of the BLA, the plaintiff�s lien expired and accordingly the portion of the action directed to the enforcement of the lien was dismissed. The plaintiff�s claim based in alleged breach of contract remained. It was unnecessary to consider the respondent�s request for relief under s. 60 of the BLA. The court found that the plaintiff had not provided an explanation for its delay to show that it was reasonable or justified.

Statutes Considered:

• Builders� Lien Act, SS 1984?85?86, c B-7.1, s 54
• Builders� Lien Act, SS 1984?85?86, c B-7.1, s 55
• Builders� Lien Act, SS 1984?85?86, c B-7.1, s 55(1)
• Builders� Lien Act, SS 1984?85?86, c B-7.1, s 55(2)
• Builders� Lien Act, SS 1984?85?86, c B-7.1, s 55(3)
• Builders� Lien Act, SS 1984?85?86, c B-7.1, s 60
• Builders� Lien Act, SS 1984?85?86, c B-7.1, s 86(1)
• Queen�s Bench Act, 1998, SS 1998, c Q-1.01, s 42(4)

Rules Considered:

• QB Rule 5-5

Cases Considered:

• 101050094 Saskatchewan Ltd. v Terramax Sitework Ltd., 2007 SKCA 123, 304 Sask R 179
• Axcess Capital Partners Inc. v Allsteel Builders (2) Ltd., 2015 SKCA 33...