The defendant owner moved under s. 44(2) of the Construction Act to vacate a $2.14 million construction lien by paying a reduced amount into court.
The plaintiff contractor opposed and cross-moved for leave to register a certificate of pending litigation (CPL).
The court allowed the defendant's motion, finding that the plaintiff's claims for contractual interest and delay damages were not lienable, and set the security amount at $1,046,647.52 based on the plaintiff's admissions.
The cross-motion for a CPL was dismissed because the Construction Act provides a complete code for lien claims, conferring no separate interest in land, and the plaintiff failed to include a claim for a CPL in its statement of claim.
