The defendant general contractor brought a motion to reduce the amount of security posted to vacate a construction lien registered by the plaintiff subcontractor, and for an order requiring the plaintiff to post security for costs.
The court found that the plaintiff's claim for extra work was clearly inflated and lacked sufficient evidentiary support, and that the plaintiff failed to comply with contractual notice provisions.
The court reduced the lien amount to $797,636.23 and ordered the plaintiff to post $120,000 as security for costs, finding good reason to believe the plaintiff lacked sufficient assets in Ontario to pay a costs award.