16 Jan 2023
Almas Bros. Contracting Ltd. v Tomax Enterprises Ltd.
In the case Almas Bros. Contracting Ltd. v Tomax Enterprises Ltd. dated January 16, 2023, the defendants, Tomax Enterprises Ltd. and Tomax Builders Ltd., sought the dismissal of the action due to lack of prosecution. The case involved a builders lien proceeding related to work that the plaintiff had performed on a Maple Ridge property. A dispute over payment had arisen, leading to the plaintiff leaving the project. The plaintiff claimed overdue payment, while the defendants argued that the plaintiff had abandoned the project without cause. A claim of builders lien was registered, followed by the filing of a notice of civil claim. The defendants responded by alleging project abandonment. Various litigation activities took place, including document exchanges and correspondence. The defendants filed an application to dismiss, which was later refiled due to an error. Eventually, the lands were sold, and a consent order was entered for the cancellation of the builders lien and pending litigation. The court dismissed the defendants' application with costs and directed the plaintiff to proceed to trial as expeditiously as possible.