Reported as: 2018 SKQB 119
Docket Number: QB17511 , QBG 1695/17 JCS
Court: Court of Queen's Bench
- Statutes � Interpretation � Builders� Lien Act, Section 5 Civil Procedure � Queen�s Bench Rules, Rule 13-30
Digest: The plaintiff, PCL Construction, entered into the prime contract as a contractor with the respondent, City of Saskatoon, as the owner for the construction of two interchanges in Saskatoon. The construction of the interchanges would allow highway traffic to continue through the intersections while local traffic would pass around the highway and over it by way of bridges. A number of sub-contractors delivered written notices of liens under The Builders� Lien Act. In this application, the plaintiff requested an order striking out some affidavits filed on it. It argued that as this application was final and not interlocutory, the affidavits must be confined to the facts within the personal knowledge of the affiants in accordance with Queen�s Bench rule 13-30(1); and a declaration that the Act did not apply to the prime contract between the parties or to any subcontract entered into as a result of the prime contract. HELD: The plaintiff�s application did not succeed. The court found that: 1) the application was interlocutory. The dispute among the parties with respect to payment and holdbacks would continue regardless of how it decided whether the Act applied. Therefore, the affidavits sworn on information and belief were permitted pursuant to Queen�s Bench rule 13-30(2). Some aspects of the affidavit evidence would be disregarded because they constituted hearsay; and 2) the Act applied. The court reviewed each of the subsections of s. 5 in light of the facts and found that the presumption that the Act applied in s. 5(1) had not been displaced.
- Builders� Lien Act, SS 1984-85-86, c B-7.1, s 2(1)(d)(i) ...