Background:

Dispute:

Key Issues and Findings:

Lien Validity:

• Atlas’ lien was validly preserved by notifying Barrie’s Municipal Clerk, as required for work on municipal land.
• Harvie’s counterclaim for damages related to the lien was dismissed.

Contract Terms:

• The subcontract price was $300,000 plus HST. Additional charges beyond this were acknowledged during negotiations.
• No explicit "pay when paid" agreement existed; this was raised post-litigation.

Judgment:

Costs:

Authorization of Additional Work:

• Additional work was authorized by Harvie through lack of objection to invoices, covering pump rental, maintenance, fuel, etc.

Unjust Enrichment:

• Moot due to contractual coverage of disputed amounts.