This is an appeal from a decision in chambers of MacPherson C.J.Q.B. issued on 24 March 1993. The appellant, UHDE GmbH (UHDE), is an industrial engineering and construction contractor with its head office in Dortmund, Germany. The company is engaged in the performance of large industrial projects in approximately 80 countries throughout the world, including Canada. The respondent, BWV Investments Ltd. (BWV), operates under the firm name Bennett & Wright Contractors and has its head office in Toronto, Ontario. For the purposes of this appeal, UHDE was the project's contractor and BWV the subcontractor.