Stuart Olson Dominion Construction Ltd. v. Structal
Heavy Steel, 2015 SCC 43, per Rothstein, J.
I. FACTS AND ISSUES
Stuart Olson Dominion Construction Ltd. ("Dominion")
was the general contractor of a football stadium in Manitoba (the
"Project"). The owner of the Project was BBB Stadium Inc.
(the "Owner"). Dominion entered into a subcontract with
Structal Heavy Steel ("Structal") to supply and install
structural steel work for the Project.
Dominion began withholding payments to Structal and stated it
was setting off against the unpaid amounts for back charges it
claimed resulted from delays attributable to Structal. In September
2012, Structal filed a builder's lien against the Project Lands
for approximately $15 Million, consisting of unpaid progress
payments, unpaid statutory holdback, and a large delay claim of its
own. The lien resulted in the Owner not making further payments to
Dominion.
