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.