Luciano Butera

The plaintiff drywall contractor brought a construction lien action against the defendant owner/developer for the unpaid balance of a contract for a residential condominium project.

The defendant claimed set-off for allegedly incomplete and deficient work, and argued the lien was registered out of time.

The court interpreted the contract in favour of the plaintiff regarding the scope of work for corridor ceilings, balcony ceilings, and bathtub walls.

The court found only minor deficiencies, allowing a $3,000 set-off against the plaintiff's claim.

The court also held that the construction lien was registered within the 45-day statutory period and was valid.

Judgment was granted to the plaintiff for $140,946.44.

A mortgagor sought a declaration requiring the mortgagee to execute a discharge of mortgage upon payment following exercise of a contractual prepayment option in a mortgage extension agreement.

The mortgagee argued that the borrower’s notice of prepayment was late, failed to comply with a 75‑day notice requirement, and was given in bad faith.

The court interpreted the prepayment provisions and found ambiguities regarding the timing of the borrower’s option to prepay.

Applying a reasonable interpretation of the agreement, the court held that the borrower’s notice given on the final day of the six‑month prepayment window was valid.

The mortgagee was therefore required to discharge the mortgage upon payment of the agreed payout amount.