On September 18, 2015, the Supreme Court of Canada issued
reasons for judgment in Stuart Olson Dominion Construction Ltd. v.
Structal Heavy Steel, 2015 SCC 43. While in many respects
the decision simply confirmed the remedies available to contractors
and sub-trades under builders' lien legislation, there are
significant unresolved questions with respect to how this decision
will be applied in British Columbia.
The case involved a dispute between Stuart Olson, the general
contractor for the construction of the new Investors Group Field
football stadium in Winnipeg, and Structal Heavy Steel, one of its
sub-contractors. Structal Heavy Steel filed a claim of
builders' lien, which Stuart Olson discharged by posting a lien
bond in court for the full amount of the claim. When the dispute
remained unresolved, Stuart Olson applied to court for a
declaration that it was free to use further funds it received from
the owner without regard to any trust claims against those
