Urbacon Building Groups Corp. v. The Corporation of The City of Guelph, 10 C.L.R. (4th) 203
RE: the onus of proof in a Summary Judgment Motion to determined the timeliness of a subcontractor's lien
RE: timely lien preservation and the distinction between deficiency rectification and liable work
In this lien action, we successfully moved on behalf of a subcontractor for a declaration that its claim for lien was registered in time. The Owner, the City of Guelph, opposed the motion, arguing that the lien claimant's evidence was not credible and that the work relied on to make the lien timely was deficiency rectification (which is not lienable).
In deciding that the lien was timely, the Court refused to allow the City to introduce evidence after cross- examinations had taken place and held that the line to be drawn between the original scope of work and deficiency rectification is difficult to draw. (The City argued that after a forming contractor removes its forms, all other work required to meet the contractual requirements was deficiency work.