Constantinidis v. Lumar Design Group Inc.
KYRIAKOS CONSTANTINIDIS o/a FIELDING CONSTRUCTION
Law Firm / Organization
Drudi, Alexiou, Kuchar LLP
Lawyer(s)

Robert Kalanda

LUMAR DESIGN GROUP INC.
Law Firm / Organization
Not Specified
Lawyer(s)

J. Barr

NICK KOUTLEMANIS, BILL AGGELIS
Law Firm / Organization
Not Specified
Lawyer(s)

J. Barr

ROYAL BANK OF CANADA
Law Firm / Organization
Not Specified
Lawyer(s)

J. Barr

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.
Superior Court of Justice - Ontario
CV-23-705462
Civil litigation
Plaintiff