The plaintiff moved for an order extending the time to serve a statement of claim in a construction lien action.
The claim was not served within the 90-day period prescribed by the Construction Act due to inadvertence.
The court granted the extension, finding the six-week delay was not inordinate and caused no prejudice to the defendants.
However, as the motion was an indulgence necessitated by the plaintiff's inadvertence, the court awarded costs to the responding defendant.
