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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