Supreme Court
Decision Information
Abstract: The Plaintiff is seeking leave from this Court to amend its Statement of Claim to add a prior mortgagee as a defendant. Additionally, the Plaintiff seeks to amend its Statement of Claim to claim priority over the prior mortgagee pursuant to the Mechanics Lien Act.
Decision: The application of the plaintiff is denied. A contractor who wishes to take the benefit of a special legal right created by statute cannot be selective of which of the mandatory requirements of that statute are applicable to its exercise of that right. FBDB shall be entitled to costs as between party and party for the application.
Subjects: Civil procedure - Pleadings - Amendment
Builders' liens - Priorities