The defendant property owner brought a motion under s. 47 of the Construction Lien Act to discharge a claim for lien registered by the plaintiff adjacent landowner.
The court found that while there were triable issues regarding whether the plaintiff was a 'contractor' and the previous owner an 'owner' under the Act, the lien was not preserved within the strict 45-day time limit under s. 31.
The evidence showed the contract work was completed more than a year before the lien was registered.
The motion was granted and the lien discharged.
