The defendant brought a motion to dismiss the plaintiff's action under the Construction Lien Act after the plaintiff's lien expired.
The court considered whether it had discretion under section 46 of the Act to allow the underlying contract claim to continue despite the expiry of the lien.
Following appellate authority, the court found it had discretion to permit the contract action to proceed to avoid a multiplicity of proceedings.
The court exercised its discretion to allow the action to continue on terms, finding no irremediable prejudice to the defendant and favouring the resolution of disputes on their merits.
