Irwin Ozier

This motion concerned the proper preservation of construction liens, specifically whether the lien claimants' rights were governed by the "old" 45-day period under the Construction Lien Act or the "new" 60-day period under the Construction Act.

The determination hinged on the interpretation of the Act's transition provisions, which apply if a contract for improvement or a procurement process was commenced by the owner before July 1, 2018.

The court analyzed whether certain corporate entities, which had early involvement in the project but did not hold legal title to the premises before the critical date, qualified as "owners" under the Act.

Applying corporate law principles, the court found that these entities, despite their interest in the project, did not possess a lienable interest in the land and thus were not "owners" for the purpose of triggering the old Act's transition rules.

Consequently, the new 60-day preservation period applied, and the liens were found to be properly preserved.

The non-party contractor's motion for a declaration that the liens had expired was dismissed.

Vipond Inc. successfully moved for summary judgment and subsequently sought costs and interest.

The court determined that Bondfield Construction Company Limited and Fortis Electric Ltd. were jointly liable for partial indemnity non-motion costs, with Bondfield solely liable for substantial indemnity motion costs due to its unreasonable conduct and failure to accept a reasonable settlement offer.

The court also awarded prejudgment interest at the Courts of Justice Act rate of 0.8% and post-judgment interest at 3%, rejecting higher contractual rates due to lack of evidence.