The plaintiff registered a construction lien against the defendants' property and noted the defendants in default after they failed to deliver a statement of defence.
The defendants subsequently sought to bring a motion to discharge the lien on the basis that it had expired because the plaintiff failed to set the action down for trial within two years.
The court considered the preliminary issue of whether the defendants had standing to bring the motion despite being noted in default.
The court granted the defendants leave under section 5(2) of O. Reg 302/18 to bring the motion, finding there was evidence to support the defence that the lien had expired.
