following to para. 5 of the statement of claim: “with lien registered as YR2343288”.
 Accordingly, the only difference between the statement of
claim and the amended statement of claim is that the latter references the registration number of the plaintiff’s claim for lien
against the defendants’ property.
 The plaintiff takes the position that both the statement of
claim and the amended statement of claim were served on the defendants on October 14, 2015. The defendants take the position
that they were initially served with only the statement of claim
on October 14, 2015. The timing of the service of the amended
statement of claim is not relevant to my analysis.
 On October 29, 2015, Rockhill registered the certificate of
action on title in order to perfect the lien under s. 36(3) of the Act.
 On December 7, 2015, the defendants delivered their
statement of defence and counterclaim.
 On December 27, 2015, the plaintiff delivered its reply and
defence to the counterclaim.
 Rockhill delivered its trial record on October 5, 2017. This
was more than two years after it issued the original statement of
claim, but just shy of two years after it amended its statement of
claim to reference the lien registered on the property.
 On October 16, 2017, a search of the title to the property
was conducted. The search revealed that there were no further
claims for lien registered on title other than the Rockhill claim for
lien, and there are no further claims for lien that have been
vacated from title to the property. Therefore, there are no liens
that could be sheltering under the plaintiff’s action.
 Section 37 of the Act provides:
Expiry of perfected lien
37( 1) A perfected lien expires immediately after the second anniversary of
the commencement of the action that perfected the lien, unless one of the following occurs on or before that anniversary:
1. An order is made for the trial of an action in which the lien may be
2. An action in which the lien may be enforced is set down for trial.
Motion under s. 46
(2) Where a lien has expired under subsection ( 1), a motion may be made
under section 46.
 Section 46( 1) and (3) of the Act provide:
Order dismissing action, etc.