The plaintiff contractor brought a motion to extend the time for service of its statement of claim in a construction lien action.
The defendant tenant brought a cross-motion to declare the lien expired.
The plaintiff had delayed service because the tenant acknowledged the debt and requested an indulgence to secure financing during the COVID-19 pandemic.
The court found the plaintiff's explanation compelling and noted the tenant's conduct rose to the level of issue estoppel.
The court granted the extension, dismissed the cross-motion as moot, and declined to award costs to the tenant.
