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ARTICLE · 14 AUGUST 2026

Wrong Registry, Lost Builders Lien: A Costly Procedural Misstep In A Recent British Columbia Supreme Court Decision

The British Columbia Supreme Court's decision in MGC Contractors Ltd v 1417028 BC Ltd. demonstrates how a procedural misstep can result in the complete loss of lien rights. When a subcontractor filed its enforcement action in the wrong court registry and failed to correct the error within the statutory one-year deadline, the court cancelled the builder's lien despite the claimant's arguments about lack of intentional delay. What does this ruling mean for contractors seeking to protect their statutory remedi

CanadaLitigation, Mediation & Arbitration

In a recent decision, MGC Contractors Ltd v 1417028 BC Ltd., 2026 BCSC 1438, the British Columbia Supreme Court reaffirmed the importance of compliance with all components of the Builders Lien Act, S.B.C. 1997, c. 45, including following the jurisdictional requirements.

Background

The respondent was a subcontractor on a mixed-use development project located in Kelowna, BC. On April 22, 2025, the respondent filed a builder’s lien claim against the project lands. The lien claim was registered in the Kamloops Land Title office, as properties in Kelowna fall under the Kamloops Land Title District.

Eight months later, in December 2025, the respondent purported to enforce its lien claim by filing a notice of civil claim; however, it incorrectly filed the action in the Kamloops Supreme Court Registry rather than the Kelowna Supreme Court Registry. The applicant, MGC Contractors Ltd. promptly advised the respondent that the action had been commenced in the wrong court registry, and

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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