Can a construction lien claim against a non-party under the Construction Lien Act?
Ontario, Canada
The following excerpt is from Sedia Inc. v. Athena Donair Distributors Ltd., 2021 ONSC 900 (CanLII):
As was noted in Pineau v. Kretschmar Inc., 2004 CarswellOnt 6072, at para 22, …Therefore, the joinder was contrary to the statute and therefore, could not legally be asserted …(These cases)...both held that a counterclaim against a non-party could not be properly asserted in construction lien action because of the limitation on counterclaims imposed by the Act. It was not just a Rule “irregularity” that could be overlooked because of a fresh step.
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