R. Sparano

The defendants brought a motion for a declaration that the plaintiff's construction lien had expired pursuant to s. 37(1) of the Construction Act, and for the return of security paid into court.

The court found that the lien had clearly expired because the plaintiff failed to set the action down for trial within two years.

The court declared the lien expired and ordered the return of the security.

However, the court declined to dismiss the underlying action for quantum meruit, holding that the expiration of the lien does not extinguish the underlying cause of action.

The applicant commenced an action and an application following the termination of a services agreement, arguing the arbitration clause did not survive termination.

The respondent moved to stay the proceedings in favour of arbitration.

The court applied the competence-competence principle, finding it was arguable that the dispute fell within the arbitration clause and that the clause survived termination.

The court granted the motion to stay the action against the corporate respondent under the International Commercial Arbitration Act, and stayed the action against the individual defendants under the Courts of Justice Act, leaving the jurisdictional challenges to be determined by the arbitral tribunal.

On a motion by judgment creditors for directions regarding monies paid into court pursuant to prior costs orders, the moving parties sought payment of the funds to their solicitors on the basis of a solicitor’s lien.

The responding party opposed payment and asserted a claim for equitable set‑off based on earlier default judgments obtained in unrelated actions against different parties.

The court held that equitable set‑off requires a sufficient connection between the debts and generally mutuality between the parties.

Because the judgments relied upon involved different parties and separate proceedings, and no evidence justified piercing the corporate veil to establish mutuality, the claim for equitable set‑off failed.

The court ordered the monies paid out of court to the moving parties’ solicitors.