Facts: Con-Spec Construction Inc. (Con-Spec) acknowledged that its construction lien against Marquee St. Clair West GP Corp. (Marquee) had expired. Marquee sought to have the lien declared expired, the related registrations vacated, and Con-Spec's action dismissed.

Issues: The main issue was whether Con-Spec's action should be dismissed entirely due to the expiry of the lien, including the joined contract claim.

Court's Ruling: The court granted the motion to declare the lien expired and vacate the registrations but allowed Con-Spec's contract claim to continue as an ordinary action. The court held that there was no proper ground to dismiss the entire action, including the contract claim.

Costs/Damages: Costs for the motion were awarded to Marquee in the amount of $1,250, including HST. Con-Spec's lien-related claims were dismissed, but their contract claim was allowed to proceed.