Supreme Court of Nova Scotia
Citation: Certification Coating Specialists Inc. v. Halifax-Dartmouth
Bridge Commission, 2016 NSSC 250
Date: 20160922
Docket: HFX450768
Registry: Halifax
Between:
The Bowra Group Inc. as Receiver and Trustee in
Bankruptcy for Certified Coating Specialists Inc.
Plaintiff
v.
Halifax-Dartmouth Bridge Commission operating as
Halifax Harbour Bridges, Cherubini Metal Works Limited
Defendants
Library Heading
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Judge: |
The Honourable Justice Michael J. Wood |
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Heard: |
September 6, 2016, in Halifax, Nova Scotia |
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Written Decision: |
September 22, 2016 |
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Subject: |
Builders’ Liens – lienable property – public streets and highways |
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Summary: |
The plaintiff is the bankruptcy trustee of CSS Inc, a subcontractor on the “Big Lift” project involving the MacDonald bridge over Halifax harbour. Liens were filed against the bridge and other lands of the bridge commission. Application to vacate liens on basis that bridge is public street or highway and therefor exempt from the Builders’ Lien Act. |
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Issues: |
Is the bridge exempt from provisions of Builders’ Lien Act because it is a public street or highway? |
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Result: |
S. 3(1) of the Act exempts public streets and highways from the application of the legislation. Those terms are not defined and court agreed they should be interpreted based upon their normal usage. The nature of the bridge commission and the use of the roadway on the bridge both support the characterization of it as a public street as opposed to a private structure. S. 3(1) applies and the liens are vacated. |
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