The plaintiff subcontractor brought a motion without notice to note the defendants in default and for default judgment in a construction lien action.
The court found that the defendants failed to file statements of defence within the required 20-day period under the Construction Act and ordered them noted in default.
However, the court dismissed the motion for default judgment against the owner, finding no valid claim for unjust enrichment against an owner and that holdback liability requires a prior declaration of a valid lien.
The motion for default judgment against the contractor defendants was adjourned to an oral hearing to ensure proper notice.
