Discharge was irrevocable, and could not be revived by registration by another lien

Construction Law - Construction and builders' liens - Loss or discharge of lien

Plaintiff numbered company registered lien on property, owned by defendant property owner. Defendant construction company moved to discharge lien, but was unsuccessful as lien was found to be valid. Construction company claimed that applicable law and jurisprudence clearly showed that lien should be vacated. Construction company appealed from motion judgment. Appeal allowed. Motion judge erred in failing to give effect, to applicable construction lien law. Discharge was irrevocable, and could not be revived by registration by another lien. Finding of nullity was violation of procedural fairness, as parties had not made submissions. Matter was not to be referred back for further hearing, given lack of evidence held by numbered company. Lien was discharged and lien action was dismissed. Costs of motion and appeal were paid in agreed amounts of $6,000 each, from numbered company to construction company.

9585800 Canada Inc. v. JP Gravel Construction Inc. (2019), 2019 CarswellOnt 19773, 2019 ONSC 7022, Swinton J., Favreau J., and Copeland J. (Ont. Div. Ct.); reversed (2019), 2019 CarswellOnt 8917, 2019 ONSC 3396, M. O'Bonsawin J. (Ont. S.C.J.).

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