Point on the Bow Development Ltd. v William Kelly & Sons Plumbing Contractors Ltd., 2007 ABQB 530

| Alberta Court of King's Bench

The action in which this application is made concerns a dispute between the Applicant, William Kelly & Sons Plumbing Contractors Ltd. (“Kelly”), and the Respondent, The Point on the Bow Development Ltd. (“The Point”). In 1998, Kelly and The Point entered into a building contract (“the General Contract”) under which Kelly agreed to perform the mechanical work for a high-rise condominium development built by The Point. A dispute arose in July of 1999 regarding performance and payment under the General Contract. The parties have now spent eight years in litigation. A trial is scheduled for March, 2008.