. 1499545 Ontario Inc. (Northern Bulk Logistics) v. Pattern Development
In 1499545 Ontario Inc. (Northern Bulk Logistics) v. Pattern Development (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a Construction Act appeal, this brought against a motion order that found that a "claim for lien has expired for failing to set the action down for trial or obtain an order for trial within two years of issuance of the statement of claim as required by s. 37 of the Construction Act".
Here the court considered the meaning of the term "therewith":
[46] The Oxford dictionary defines “therewith” as meaning with or in the thing mentioned[11] which I interpret as meaning within the improvement on the lands for which the improvement was made. It is the lands that the lien claimant has certified in its claim for lien that is “enjoyed therewith” with the improvement of labour and materials provided by the lien claimant.
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