Alwinsal Potash of Canada Ltd. v. Gettle Bros. Construction Co., [1971] SCR 320

Supreme Court of Canada

Alwinsal Potash of Canada Ltd. v. Gettle Bros. Construction Co., [1971] S.C.R. 320

Date: 1970-11-27

Alwinsal Potash of Canada Limited (Defendant) Appellant;

and

Gettle Bros. Construction Co. Ltd. (Plaintiff) Respondent.

1970: October 16, 19; 1970: November 27.

Present: Martland, Judson, Hall, Spence and Laskin JJ.

APPEAL FROM THE COURT OF APPEAL FOR SASKATCHEWAN

Contracts—Construction contract—Foundation concrete not up to specifications—Owner demanding harsh and unrealistic terms of settlement—Contractor justified in abandoning work—Contractor’s right to recover on quantum meruit basis—Interest on claim allowed—The Mechanics’ Lien Act, R.S.S. 1965, c. 277.

APPEAL and CROSS-APPEAL from a judgment of the Court of Appeal for Saskatchewan[1], allowing the plaintiff’s appeal from a judgment of Maher D.C.J., in an action under The Mechanics’ Lien Act, R.S.S. 1965, c. 277. Appeal and cross-appeal dismissed.

[Page 321]

J.A. Davidson, for the defendant, appellant.

D.J. Murphy, for the plaintiff, respondent.

The judgment of the Court was delivered by

MARTLAND J.—I am in agreement with the reasons given by Woods J.A., who delivered the judgment of the Court of Appeal¹. Accordingly, I would dismiss the appeal, with costs. I would dismiss the cross-appeal, without costs.

Appeal dismissed with costs; cross-appeal dismissed without costs.

Solicitor for the defendant, appellant: Davidson, Davidson & Neill, Regina.

Solicitors for the plaintiff, respondent: Pitcher & Ehman, Regina.