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ARTICLE · 21 JUNE 2024

Alberta Construction Lawyers Beware: New Decision Suggests 180-day Lien Deadline Unenforceable

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Justice Feasby in Lesenko v Wild Rose Ready Mix Ltd, 2004 ABKB 333, has held that a lien claimant whose lien is discharged via security has no deadline under the PPCLA to commence...

CanadaReal Estate and Construction
Jordan Crone
Jordan Crone
Tom Brookes
Tom Brookes
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Justice Feasby in Lesenko v Wild Rose Ready Mix Ltd, 2004 ABKB 333, has held that a lien claimant whose lien is discharged via security has no deadline under the PPCLA to commence an action to enforce the lien. Any deadline set by the lien template Consent Order is void.

The template Order's origins

Before 2017, Consent Orders to discharge liens via security under section 48 of the then-Builders' Lien Act were bespoke and differed from lawyer to lawyer. Seeking uniformity, in 2017 the Alberta Court of King's Bench introduced a template form of Consent Order for section 48 applications and instructed lawyers to use only that template. Variations to the template were to be bolded.

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