Plaintiff: Kyriakos Constantinidis o/a Fielding Construction
Defendants: Lumar Design Group Inc., Nick Koutlemanis, Bill Aggelis, Royal Bank of Canada
Legal Matter: Motion to discharge a construction lien under Construction Act, RSO 1990, c C.30
Key Issues
- Defendants sought to discharge the lien, arguing it was frivolous, vexatious, and an abuse of process.
- They claimed Constantinidis was a partner in the project, not a subcontractor, and thus had no valid lien claim.
- They also cited undue prejudice and delays in litigation.
Court’s Findings
- The existence of a partnership between Constantinidis and Lumar was a triable issue, requiring further evidence.
- Constantinidis had not invoiced Lumar, but the nature of his compensation (profit-sharing) was insufficient to dismiss his claim outright.
- Delay in prosecution was noted, but not inordinate, and settlement discussions had taken place.
- The lien’s quantification was disputed but not clearly frivolous.
Decision
- Motion to discharge the lien denied.
- A litigation timetable was imposed, requiring document exchange, discovery, and compliance with outstanding obligations.
- Costs: Constantinidis was not awarded costs; defendants could seek costs due to delays.
- No damages were awarded in this decision.