The plaintiff, 2283624 Ontario Limited, registered a construction lien against Performance Painting & Floor Coating Ltd. for alleged rental of sandblasting equipment, claiming approximately $58,760.
The plaintiff asserted an oral agreement for "fair value rental." The defendant, Performance, denied any contract, arguing there was no meeting of the minds and that the equipment was provided as a goodwill gesture for refurbishment, with a potential future purchase.
Performance had invested significantly in repairing the equipment.
The court found no contract for rental, noting the plaintiff was not in the rental business, there was no discussion of price or terms, and the lien was likely a tactic in a larger dispute.
The court dismissed the construction lien claim, ruling that equitable remedies were unavailable under the Construction Lien Act.