The defendant brought a motion under section 47 of the Construction Act to discharge a construction lien registered by the plaintiff, alleging it was registered out of time due to contract abandonment.
The court addressed whether the enhanced powers of Rule 20 of the Rules of Civil Procedure (weighing evidence, assessing credibility) apply to section 47 motions, concluding they do not.
Finding multiple triable issues regarding the timing of contract abandonment, the court dismissed the defendant's motion.
