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A motion to add a party to a counterclaim was dismissed because the two-year limitation period had expired.
The defendants brought a motion to add Brian Kraynyk as a party to their counterclaim, alleging fraud and negligent misrepresentation.
The motion was dismissed because the two-year limitation period for adding Mr. Kraynyk had expired.
The court found that the defendants had knowledge of the underlying issue (failure to install a septic tank) well over two years prior to bringing the motion, and their claim of newly discovered evidence was not credible.
While the motion to add a party was dismissed, the motion to amend the statement of defence was granted, excluding any paragraphs referencing the proposed added party and personal claims against him.
Filing a lien bond to vacate a builder's lien does not extinguish a contractor's statutory trust obligations.
The Court held that under Manitoba’s Builders’ Liens Act, statutory trust and lien remedies are independent and may proceed concurrently.
Filing a lien bond to vacate a lien does not satisfy or extinguish trust obligations.
The appeal was dismissed with costs.
