Supreme Court

Decision Information

Decision Content

Supreme Court of Nova Scotia

Citation: Ceilidh Construction Ltd. v. Optimum Construction Ltd., 2015 NSSC 190

                                                                                                   Date: 20150526

Docket: Hfx No. 432653

Registry: Halifax

Between:

Ceilidh Construction Limited

Plaintiff

v.

Optimum Construction Limited, and John Stanley Rhymes

and Cindy Elizabeth Rhymes

Defendants

Library Heading

Judge:

The Honourable Justice Suzanne M. Hood

Heard:

May 4, 5, 2015 in Halifax, Nova Scotia

Oral Decision:

May 26, 2015

Written Release of Oral Decision:

June 26, 2015

Subject:

Builders’ Lien Act, trust provisions (ss. 44B and 44G)

Summary:

The plaintiff company claims it did work on several projects for the defendant company and has not been paid. It says further that the individual defendants have breached the trust provisions of the Builders’ Lien Act and are personally liable for the debt. The defendant admitted at trial that the plaintiff is owed the money by the defendant company.

Issues:

Breach of trust provisions of Act

Result:

Company breached trust provisions and individual defendants jointly and severally liable for breach of trust.

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