Gamma sought payment for amounts allegedly owed relating to the construction of the Queen’s Marque complex.
Manulife filed a motion for summary judgment, claiming deficiencies in Gamma's pleadings.
Key Legal Proceedings:
Gamma sought to amend its Statement of Claim to address deficiencies identified by Manulife.
Gamma proposed amendments to clarify its claim, particularly in relation to the priority of its lien over Manulife's mortgage under the Builders’ Lien Act.
The court was asked to decide whether to abridge the notice period for Gamma's amendment motion, which was filed late.
Court’s Decision:
The court granted Gamma's request to abridge the notice period, allowing the amendment motion to proceed.
Reasons included:
The delay in filing was minimal (3 days).
Denial of abridgement would cause significant prejudice to Gamma.
Manulife’s arguments could be addressed with an adjournment, not dismissal.
Costs: Gamma was ordered to pay costs to Manulife due to the late filing. Amount of costs was not specifed.
