G.B. Aitken

This decision addresses the costs of a previously dismissed motion brought by 256613 Ontario Inc. (the Owner) to strike and discharge construction liens registered by GTA General Contractors Ltd. and Karar Al-Najari (the Contractors).

The Contractors, having successfully defended the Owner's motion, sought costs on a substantial indemnity scale.

The court, considering the complexity and importance of the liens but noting the Contractors' unsuccessful argument regarding the interlocutory nature of the Owner's motion, awarded costs on a partial indemnity scale in the amount of $6,700, including HST and disbursements.

The owner of a condominium unit brought a motion under section 47 of the Construction Lien Act to discharge two construction liens registered by the contractor and subcontractor, arguing they were not preserved or perfected in time.

The lien claimants argued the motion required leave under section 67(2) and that genuine issues for trial existed regarding the date of substantial performance.

The court held that leave was not required because the motion sought final relief.

However, the court dismissed the motion, finding the owner failed to establish that there was no genuine issue for trial regarding the date of substantial performance, abandonment, and whether the parties agreed to continued performance of the contract.