Case information

Contracts — Commercial contracts — Breach of contract — Waiver of contract requirements — Summary judgment — Summary judgment ordered in favour of general contractor against owner of property and damages awarded — Proper interpretation of key provisions of industry standard Canadian Construction Documents Committee (“CCDC Contract”) relating to consultant’s and owner’s rights — Under CCDC Contract, when has a party waived its rights to sign change orders and acquiesced to extras — In what circumstances will a no waiver/no acquiescence other than in writing clause be enforceable — What is standard of review for industry standard contracts such as CCDC Contract that are not offered on a “take it or leave it” basis?

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.

Two appeals were heard together relating to a building envelope remediation project of a condominium complex. The motion judge exercised his discretion to grant summary judgment: in favour of the general contractor, the respondent Marrbeck Construction Ltd., against the owner of the property, the applicant Winnipeg Condominium Corporation No. 40 (WCC); and in favour of Transcona Roofing Ltd., Marrbeck’s subcontractor against Marrbeck for Transcona’s claim.

With respect to the Marrbeck action, the motion judge found that the amount due and owing by WCC to Marrbeck was the entirety of Marrbeck’s claim in the amount of $1,497,929.01. The Court of Appeal dismissed WCC’s appeal on liability but allowed the appeal on damages in part.