Key Issue:

• The case involves four construction lien claimants, including DMD, who have registered liens against properties owned by 2665408 Ontario Inc., based on contracts with Tango Design-Build Inc.

Legal Basis:

• The Construction Act, R.S.O. 1990, c. C.30, which allows construction lien claimants to secure unpaid amounts by registering a lien on the property title.

Facts:

• DMD had a contract with the GC for $2.486 million (including extras).
• The last invoice was issued on July 21, 2022, with an outstanding amount of $1,644,570.60.
• DMD registered its lien on September 9, 2022, and perfected it on November 10, 2022.

Court Rulings:

• DMD’s Claim: Valid claim for lien and judgment granted for $1,644,570.60 plus 1.5% interest per month from September 9, 2022. The GC and Owner defaulted.
• Other Claimants (Leen Steels, JVH Masonry, Dosh Electric):
  • Leen Steels and JVH failed to preserve/perfect their claims, so their liens were invalid. However, they were granted judgment for the amounts owed by the GC, with interest and costs.
  • Dosh preserved its lien but failed to perfect it, resulting in an invalid lien but a judgment for the outstanding balance.

Holdback: The Owner was liable for a 10% holdback, totaling $297,765.40, payable to DMD, the only valid lienholder.

Costs: The GC and Owner were ordered to pay costs to each claimant, ranging from $10,000 to $20,000.