The appellant appealed a motion judge's decision finding that two contracts were not sufficiently connected to support statutory setoff, equitable setoff, or a stay under the Construction Lien Act.
The appellant argued it was prevented from putting a full record before the court due to the motion judge's refusal to grant an adjournment.
The Divisional Court dismissed the appeal, finding no palpable and overriding error or error in principle in the motion judge's exercise of discretion.