The plaintiff brought motions to extend the time for service of its statements of claim in two construction lien actions, and to validate service or permit substituted service.
The plaintiff had consciously decided not to serve the claims within the 90-day statutory period, ostensibly for financial reasons, and later attempted service by emailing the defendant's lawyer.
The court found the plaintiff's explanation for the delay inadequate and the email service invalid.
However, considering the lack of demonstrable prejudice to the defendant and the defendant's own complacency after becoming aware of the liens, the court granted the extensions and dispensed with the requirement for further service.