Robyn Blumberg

Following the successful motion by Suncity Development Ltd. to declare Alumtech Bond Inc.'s construction lien expired and dismiss the action, the court determined the issue of costs.

The court found that Alumtech's action was without merit based on its own pleadings and that it acted unreasonably by proceeding despite being notified of the expired lien.

Suncity was awarded $40,000 in substantial indemnity costs.

The plaintiff subcontractor brought a motion for summary judgment against the defendant general contractor for unpaid invoices totaling $103,650.53 and for breach of trust under the Construction Act.

The court granted summary judgment for the outstanding debt, rejecting the defendant's argument that a 'pay when paid' progressive payment model applied, as the contract clearly stated payment was due 30 days after invoicing.

The court adjourned the breach of trust claim to a case conference, noting the plaintiff could not establish the absence of a genuine issue for trial because the defendant had failed to provide a full accounting of trust funds.

The moving party, Suncity, brought a motion to declare the responding party's construction lien expired for failure to perfect within the 90-day period under the old Construction Act.

The responding party argued the new Construction Act applied, which would extend the perfection period to 150 days, claiming Suncity was an 'owner' rather than a 'contractor'.

The court relied on clear admissions in the responding party's statement of claim that Suncity was the general contractor and Epic was the sole owner.

Consequently, the old Construction Act applied, the lien was declared expired, and the action was dismissed.