2 total
Motion to vacate construction lien granted at a reduced amount; cross-motion for CPL dismissed.
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.
Appeal of trial judgment for breach of equipment purchase contract dismissed; personal liability upheld.
The appellants appealed a trial judgment awarding damages and costs to the respondents for breach of a contract to purchase bakery equipment.
The trial judge found the appellants waived conditions in the offer to purchase by signing a lease, did not repudiate the offer, and that the individual appellant was personally liable.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's findings of fact or mixed fact and law.
The court also upheld the costs award, finding it was within the trial judge's discretion and not disproportionate.
