Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd. et al., 2004 NSSC 34 (CanLII)
This case was heard in the Supreme Court of Nova Scotia.
In this complex case involving multiple parties, Doug Boehner Trucking and Excavating Ltd. ("Boehner") entered into three excavation contracts with United Gulf Developments ("United"). After one of those contracts resulted in a highly contaminated site, United withheld payment for all three of the contracts that it had with Boehner. In turn, Boehner filed liens for all three payments. In turn, United argued that the doctrine of set-off applied to its case, and it also counterclaimed for the costs of remediating the contaminated site.
After considering the issues, the Court held that the doctrine of set-off did not apply and that United’s counterclaim could not succeed. It granted a summary judgment in favour of Boehner, awarding costs and the payments for which the company had sued.
To read other decisions related to this case, go to:
Boehner Trucking and Excavating Ltd. v. United Gulf Developments Ltd. et al., 2004 NSSC 180 (CanLII)
Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2006 NSSC 130 (CanLII)
Doug Boehner Trucking & Excavation Ltd. v. United Gulf Developments Ltd., 2007 NSSC 140 (CanLII)
Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2010 NSSC 364 (CanLII)
Doug Boehner Trucking & Excavating Ltd., v. United Gulf Developments Ltd., 2013 NSSC 9 (CanLII)
Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2013 NSSC 114 (CanLII)
Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2006 NSCA 129 (CanLII)
Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2007 NSCA 26 (CanLII)
Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2007 NSCA 42 (CanLII)
Eric Whebby Ltd. v. Doug Boehner Trucking & Excavation Ltd., 2007 NSCA 117 (CanLII)
Eric. Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2007 NSCA 92 (CanLII)
Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2011 NSCA 97 (CanLII)
Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2014 NSCA 54 (CanLII)
View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2004/2004nssc34/2004nssc34.html
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