The defendants brought a motion seeking a declaration that the plaintiff's construction lien had expired before registration and an order for its discharge.
The defendants argued the contract was abandoned on July 27, 2016, more than 45 days before the lien was registered on September 23, 2016.
The court reviewed the correspondence between the parties and found insufficient evidence to conclude the contract was unequivocally terminated or abandoned on that date.
The motion was dismissed as the defendants failed to prove there was no genuine issue for trial regarding the date of abandonment.
