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Judgment granted for unpaid construction invoices and lien priority established over registered mortgage.
The plaintiff contractor brought an action under the Construction Lien Act for unpaid invoices totaling $229,289.73 against the defendant property owner.
The plaintiff also sought a declaration that its lien had priority over a mortgage registered by Canada Capital Corporation Inc. At the undefended trial, the court granted judgment in favour of the plaintiff for the unpaid amount, confirmed the lien's priority over the mortgage pursuant to section 78(1) of the Act, and awarded costs and pre-judgment interest.
Leave to appeal dismissal of summary judgment denied as trial required to resolve conflicting evidence.
The applicants sought leave to appeal to the Divisional Court from an order dismissing their motion for summary judgment in a commercial lease dispute.
The underlying action involved a dispute over a $210,000 payment, which the tenants claimed was a security deposit and the landlord claimed was a commission.
The court dismissed the application for leave to appeal, finding no good reason to doubt the correctness of the motion judge's decision that a trial was necessary to resolve conflicting evidence, and concluding that the matter did not involve issues of public importance.
