The appellant appealed a decision declaring a construction lien expired.
The appellant argued that the owner, having been noted in default under s. 54(4) of the Construction Lien Act, was not entitled to participate in the action or move for a declaration under s. 46.
The Divisional Court dismissed the appeal, holding that the general provision in s. 54(4) does not remove an owner's power to move for a declaration of an expired lien under s. 46, as the latter section allows 'any person' to bring such a motion.
