P.E. DuVernet

The defendants brought a motion to discharge a Certificate of Pending Litigation (CPL) and for a writ of possession after the plaintiffs failed to comply with a prior court order requiring them to pay funds into court and pay interim occupancy rent.

The plaintiffs sought an adjournment, which was denied due to a lack of reasonable explanation and prejudice to the defendants.

The court granted the defendants' motion, discharging the CPL, issuing a writ of possession, and ordering the plaintiffs to pay outstanding occupancy costs and $1,000 in costs.

Limen Group Ltd. brought a motion to strike out lien claims registered by Aluma Systems Inc. and Scott Forest Products Ltd., alleging the liens were registered against the wrong premises.

Limen argued the improved lands were confined to PIN 21219-0161, while Aluma and Scott registered against adjacent PINS 21219-0159 and 21219-0160.

The court, treating the motion akin to summary judgment, found genuine issues of fact requiring a trial, including whether the adjacent PINS were part of the "improved premises" or "lands enjoyed therewith" under the Construction Lien Act.

The motion to discharge the lien claims was dismissed.