A construction lien action arising from renovations to one property prompted competing motions concerning claims related to a separate renovation project at another property.
The lien claimant sought to add the other property’s owner as a defendant and amend its claim to recover unpaid invoices relating to that project, while the defendant sought to add that owner as a plaintiff by counterclaim and include claims for overpayments.
The court held that s. 55(1) of the Construction Lien Act restricts lien claimants from joining unrelated contract claims and therefore refused the requested amendment and joinder.
However, under s. 55(2) the defendant’s counterclaim against the lien claimant could include claims arising from another contract between the same parties, even if unrelated to the improvement.
The motion to sever those portions of the counterclaim was dismissed, while both motions to add the additional party failed.
