The court granted the defendants' motion to discharge a construction lien registered by the plaintiff, Skyway Canada Limited, after the plaintiff failed to attend and participate in cross-examination on the claim for lien as required by section 40 of the Construction Act.
The plaintiff's request for an adjournment was denied, and the court found that the plaintiff's conduct in failing to communicate and participate justified the discharge of the lien.
Costs were awarded to the defendants.
