Citation: Anixter Canada Inc. v. Phil Miller Electric Ltd., 2004 NSCA 67
Date: 20040527
Docket: CA 212725
Registry: Halifax
Between:
Anixter Canada Inc.
Appellant
v.
Phil Miller Electric Ltd. and J.D. Irving Ltd.
Respondent
Judge: The Honourable Justice Joel Fichaud
Appeal Heard: April 8, 2004
Subject: Mechanic’s liens
Summary: Owner held back more than 2 ½ % after 45 days from substantial completion. Owner paid subcontractors other than appellant after appellant filed a mechanics’ lien.
Issue: Must owner pay appellant an amount over the statutory lien?
Result: After 45 days the statutory lien is 2 ½ %. If owner retains more than this, then the excess is subject to a lien but owner may set off its debt from general contractor against the excess.
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 11 pages. |