The plaintiff contractor brought an action under the Construction Lien Act for unpaid invoices totaling $229,289.73 against the defendant property owner.
The plaintiff also sought a declaration that its lien had priority over a mortgage registered by Canada Capital Corporation Inc. At the undefended trial, the court granted judgment in favour of the plaintiff for the unpaid amount, confirmed the lien's priority over the mortgage pursuant to section 78(1) of the Act, and awarded costs and pre-judgment interest.
