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ARTICLE · 11 OCTOBER 2021

How Long Is Too Long? The Dismissal For Delay Test Under Alberta's Builders' Lien Act

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In 1361556 Alberta Ltd v Ristorante Cosa Nostra Inc, 2021 ABQB 157 [Cosa Nostra], the Court of Queen's Bench of Alberta addressed the test for dismissal for delay under section 4.31 of the Alberta Rules of Court...

CanadaReal Estate and Construction
D. Bronwhyn Simmons
D. Bronwhyn Simmons
Caroline Dussault
Caroline Dussault
Evelyne Vacy-Lyle
Evelyne Vacy-Lyle
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1361556 Alberta Ltd v Ristorante Cosa Nostra Inc, 2021 ABQB 157

In 1361556 Alberta Ltd v Ristorante Cosa Nostra Inc, 2021 ABQB 157 [Cosa Nostra], the Court of Queen's Bench of Alberta addressed the test for dismissal for delay under section 4.31 of the Alberta Rules of Court ("Rules of Court") and section 46 of the Alberta Builders' Lien Act (the "Act")1.

Background Facts

The underlying lawsuit in the Cosa Nostra case concerned the construction of a restaurant in Fort McMurray, Alberta (the "Project"). In January 2016, 1361556 Alberta Ltd. ("136"), the contractor for the Project, commenced an action to recover unpaid amounts for its work on the Project. Builders' liens had been previously registered against the land pursuant to the Act. At the time of filing the claim, certificates of lis pendens ("CLP") were filed and registered against the land on which the restaurant had been built.

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