Joseph Cosentino

Multiple motions arose in more than 45 construction lien actions concerning five related solar farm projects across Eastern Ontario.

The plaintiff sought transfer and consolidation of numerous lien actions, while the general contractor sought reduction of security posted to vacate liens under the Construction Lien Act.

The court declined full consolidation, instead designating “main actions” for each project and implementing procedural directions to coordinate litigation efficiently while avoiding administrative burdens associated with transferring and merging dozens of proceedings.

The court partially granted the motion to reduce security where duplicate or inflated lien claims were conceded, while adjourning the balance pending further negotiations and analysis of holdback exposure and overlapping claims.

The court determined the costs of a motion regarding the liability of the defendant 430 to various lien claimants in a construction lien reference.

The defendant 430 had settled with one lien claimant who had carriage of the motion, but the court found 430 remained liable for the costs incurred by other lien claimants who contributed to the motion.

The court fixed costs at $93,500 on a partial indemnity basis and apportioned the award among the contributing lien claimants based on their financial and counsel time contributions.