Eco Depot Ltd. brought a motion under the Construction Act to discharge a construction lien registered by RJ Concrete & Construction Ltd., arguing willful exaggeration and abuse of process, or alternatively, a reduction in the lien amount.
Eco Depot also sought an extension to file a statement of defence.
The court found that the lien was not willfully exaggerated or an abuse of process, as the calculation was based on the agreed contract price for completed work, not actual costs.
However, the court agreed the lien amount was too high and ordered it reduced from $70,282.42 to $47,230.42.
The court also granted Eco Depot an extension to file its statement of defence.
