Halifax's Macdonald Bridge a 'public road,' can't be part of lawsuit
A Vancouver-based financial firm has failed in its bid to lay claim to Halifax's Macdonald Bridge to settle a contract dispute.
The Bowra Group now owns the assets of Certified Coating Specialists (CCS), a bankrupt company that had the job of painting new sections of the Macdonald Bridge being used in the Big Lift. CCS had painted 11 of the 46 new bridge panels before it went into bankruptcy. Bowra assumed CCS's assets and debts.
Bowra maintains that one of the main contractors on the Big Lift, Cherubini Metal Works, owes it money for the work CCS completed before it shut down.
To back up its position, Bowra tried to file a builders' lien against Cherubini, laying claim to the toll plazas and the land the bridge supports are built on as a way of collecting payment.
Halifax Harbour Bridges and Cherubini both opposed Bowra's legal action.
In a decision released Tuesday, Justice Michael Wood of the Nova Scotia Supreme Court dismissed Bowra's claim.
Wood found the bridge is a public street, which exempts it from builders' liens.
"This means they are not entitled to register liens against the lands on which the bridge sits nor any other property used or enjoyed in conjunction with the operation of the bridge," Wood wrote.
"This includes the five parcels located adjacent to the toll plaza in Dartmouth."
However, Wood noted his ruling doesn't prevent Bowra from continuing to pursue legal action against Cherubini to try to claim money it may be owed.
