The defendants brought a motion under s. 47(1) of the Construction Lien Act to discharge the plaintiff’s construction lien and certificate of action and to dismiss the action.
The court held that the lien against the property owner was invalid because the plaintiff failed to provide the written notice required under s. 19(1) of the Act.
The court further found, on the evidentiary record, that the amount already paid exceeded the value of the work actually performed under the contracts.
Applying the summary judgment principles in the Rules of Civil Procedure and the guidance in Combined Air Mechanical Services Inc. v. Flesch, the court concluded a trial was unnecessary.
The lien and certificate of action were discharged and the action dismissed as against the relevant defendants.
