DBD CONSTRUCTION LTD v TENFOLD CONTRACTING LTD, 2015 ABCA 303
BERGER, MARTIN AND VELDHUIS JJA
6.14: Appeal from master’s judgment or order
14.48: Stay pending appeal
Tenfold Contracting Ltd. (“Tenfold”) registered builder’s liens against property for which DBD Construction Ltd. (“DBD”) was the general contractor. DBD claimed that Tenfold had failed to meet certain deadlines for payment into Court and service of an Affidavit proving the liens. Tenfold sought an Order from a Master for an extension of time to file and serve its Affidavit proving the liens and its Statement of Claim. DBD cross-applied seeking, inter alia, dismissal of Tenfold’s extension Application. The Master refused Tenfold’s Application for an extension. Tenfold appealed the Master’s Order to a Justice who then granted a stay of execution of the Master’s Order. DBD appealed the Justice’s Decision.
The Court of Appeal considered whether the appeal period had expired pursuant to Rule 6.14(2). The Court opined that the date of the pronouncement of the Master’s Order was the commencement of the appeal period. The Court held that, under Rule 14.48 the Justice had the jurisdiction to hear and grant the stay of enforcement of the Master’s Order. DBD’s Appeal was accordingly dismissed.View CanLII Details