A subcontractor lien claimant, Swan & Associates Inc., moved for partial summary judgment declaring its claim for lien was timely.
The owner, the City of Guelph, opposed the motion, arguing the lien was registered out of time and that the recent work was for repairing deficiencies rather than contract work.
The court found that the intermittent architectural finishing work performed by the subcontractor was contract work, not deficiency work.
The court concluded on a balance of probabilities that the subcontractor's last date of supply was within the 45-day statutory period.
The motion for partial summary judgment was granted.
