Background:

• Gamma sought payment for amounts allegedly owed relating to the construction of the Queen’s Marque complex.
• Manulife filed a motion for summary judgment, claiming deficiencies in Gamma's pleadings.

Key Legal Proceedings:

• Gamma sought to amend its Statement of Claim to address deficiencies identified by Manulife.
• Gamma proposed amendments to clarify its claim, particularly in relation to the priority of its lien over Manulife's mortgage under the Builders’ Lien Act.
• The court was asked to decide whether to abridge the notice period for Gamma's amendment motion, which was filed late.

Court’s Decision:

• The court granted Gamma's request to abridge the notice period, allowing the amendment motion to proceed.
• Reasons included:
  • The delay in filing was minimal (3 days).
  • Denial of abridgement would cause significant prejudice to Gamma.
  • Manulife’s arguments could be addressed with an adjournment, not dismissal.
• Costs: Gamma was ordered to pay costs to Manulife due to the late filing. Amount of costs was not specifed.