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ARTICLE · 03 SEPTEMBER 2024

Navigating Lien Expiry And Compliance With Trial-Related Timelines Under The Builders' Lien Act In Saskatchewan

Miller Thomson
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The Saskatchewan Court of King's Bench decision in Singh v George Development Corp., 2023 SKKB 36, confirms that the discharge of a lien, by payment of the claim amount into court...

CanadaLitigation, Mediation & Arbitration
Khurrum Awan
Khurrum Awan
Titli Datta
Titli Datta
Morgan Morin
Morgan Morin
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The Saskatchewan Court of King's Bench decision in Singh v George Development Corp., 2023 SKKB 36, confirms that the discharge of a lien, by payment of the claim amount into court, does not negate the statutory obligation of a lien claimant to move to trial, an action seeking to realize the lien, within two years of the action's commencement.

The action arose from a dispute over the construction of a hotel on land owned by a public institution. Two contractors, George Development Corp. and Meridian Development Corp., applied to discharge the liens registered by two subcontractors, Singh and OM Drywall, and to payout the funds they had deposited with the Court in order to discharge the liens against the land. Further to s. 56 of the Builder's Lien Act (the "Act"), the liens had become a charge against the funds paid into court.

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