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Costs

Dolvin Mechanical Contractors Ltd. v. Edge on Triangle Park Inc. 2016 Ont SCJ Master

The Master allowed substantial indemnity costs, subject to reducing hours for excessive time, because the Construction Lien Act allows even more discretion in awarding the higher standard of costs. The Act creates an extraordinary entitlement to encumber another person’s property and if that entitlement is not exercised reasonably and responsibly, the court may take that conduct into account in awarding costs. In this case, the lien claimant registered a $2.3 million lien, never perfected the lien, and when confronted to release the lien, refused to do so.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.