The moving party, Pacific Hardwood Limited, was entirely successful on a motion to discharge a construction lien registered by the responding party, Dolvin Mechanical Contractors Ltd. The parties could not agree on costs and filed written submissions.
The court found that the responding party had improperly registered a $2.3 million lien against the moving party's property without a contract and failed to perfect it.
Due to the responding party's conduct in refusing to release the lien and unnecessarily delaying the motion, the court awarded costs to the moving party on a substantial indemnity basis in the amount of $23,493.50.
