The plaintiff commenced a construction lien action against the defendants for unpaid cottage renovations.
The defendants counterclaimed for defective work, but later agreed to discontinue the counterclaim without costs after a fire damaged the property, intending to pursue a separate subrogation claim.
The defendants subsequently sought leave under s. 67.2 of the Construction Lien Act to bring a motion to adjourn the upcoming trial and set aside their notice of discontinuance, arguing the issues should be consolidated.
The court dismissed the motion, finding the adjournment was not 'necessary' under the Act, would delay the summary procedure, and would prejudice the plaintiff who had relied on the agreement to discontinue.
