Case information
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40172
JVD Installations Inc, et al. v. Skookum Creek Power Partnership, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-02-20 | Close file on Leave | |
| 2023-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-09 | Judgment on leave sent to the parties | |
| 2023-02-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA46796 and CA46797, 2022 BCCA 81, dated March 1, 2022, is dismissed with costs to Skookum Creek Power Partnership, Concord SCPP General Partner (I) Inc., Concord SCPP General Partner (III) Inc., SCPP Holdings Inc., Adagio Developments Ltd. and Sea to Sky Power Corporation. Dismissed, with costs |
|
| 2022-12-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-16 | Correspondence received from, Applicants will not be filing a Reply | JVD Installations Inc |
| 2022-08-05 | Notice of name, (Letter Form), (Printed version due on 2022-08-12) | Skookum Creek Power Partnership |
| 2022-08-05 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-05) | Skookum Creek Power Partnership |
| 2022-08-05 | Book of authorities, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-05) | Skookum Creek Power Partnership |
| 2022-08-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-05) | Skookum Creek Power Partnership |
| 2022-06-07 | Notice of name | JVD Installations Inc |
| 2022-06-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2022-04-28 | Certificate (on limitations to public access), 23A | JVD Installations Inc |
| 2022-04-28 |
Application for leave to appeal, (Book Form), REQUIRED; - CA Order (rec'd 2022-07-21) - Notice of names (rec'd 2022-06-07), Completed on: 2022-08-02, (Printed version filed on 2022-04-29) |
JVD Installations Inc |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| JVD Installations Inc | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Skookum Creek Power Partnership | Respondent | Active |
| Concord SCPP General Partner (I) Inc. | Respondent | Active |
| Concord SCPP General Partner (III) Inc. | Respondent | Active |
| SCPP Holdings Inc. | Respondent | Active |
| Adagio Developments Ltd. | Respondent | Active |
| Sea to Sky Power Corporation | Respondent | Active |
| Black Mount Logging Inc. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| IDL Projects Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Skookum Creek Power Partnership | Respondent | Active |
| Concord SCPP General Partner (I) Inc. | Respondent | Active |
| Concord SCPP General Partner (III) Inc. | Respondent | Active |
| SCPP Holdings Inc. | Respondent | Active |
| Adagio Developments Ltd. | Respondent | Active |
| Black Mount Logging Inc. | Respondent | Active |
Counsel
Party: JVD Installations Inc
Counsel
Chris Moore
Daniel Hepburn
300-1497 Marine Drive
Vancouver, British Columbia
V7T 1B8
Telephone: (604) 925-0672
FAX: (604) 925-8984
Email: mpreston@mcleanarmstrong.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: IDL Projects Inc.
Counsel
Chris Moore
Daniel Hepburn
300-1497 Marine Drive
Vancouver, British Columbia
V7T 1B8
Telephone: (604) 925-0672
FAX: (604) 925-8984
Email: mpreston@mcleanarmstrong.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Skookum Creek Power Partnership
Counsel
Joel Schachter
Suite 1600, Cathedral Place
925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: mmorgan@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Concord SCPP General Partner (I) Inc.
Counsel
Joel Schachter
Suite 1600, Cathedral Place
925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: mmorgan@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Concord SCPP General Partner (III) Inc.
Counsel
Joel Schachter
Suite 1600, Cathedral Place
925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: mmorgan@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: SCPP Holdings Inc.
Counsel
Joel Schachter
Suite 1600, Cathedral Place
925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: mmorgan@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Adagio Developments Ltd.
Counsel
Joel Schachter
Suite 1600, Cathedral Place
925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: mmorgan@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Black Mount Logging Inc.
Counsel
2100-1040 Georgia St. West
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: moulton@litigationchambers.com
Party: Sea to Sky Power Corporation
Counsel
Joel Schachter
Suite 1600, Cathedral Place
925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
Email: mmorgan@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
Liens — Land — Has the long-standing law of strictly interpreting entitlement to a lien been replaced by the modern rule of purposive construction — Is a lien claimant required to show the improvement benefitted the land and, if so, how is that benefit measured?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
JVD Installations Inc. subcontracted work on a power plant to IDL Projects Inc. for which it was not paid in full. The power plant was located on land against which no builder’s lien could be filed, so they registered a builders lien against lands over which part of a transmission line associated with the power plant had been constructed and commenced claims. The trial judge upheld the liens and awarded damages. The Court of Appeal allowed an appeal and dismissed the claims.
Lower court rulings
Supreme Court of British Columbia
2020 BCSC 374, S144938, S153965
Claims of builders liens against lands and statutory rights of way declared valid; award of $21,951,205.75
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 81, C46796, C46797
Appeal allowed, claims dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available