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ARTICLE · 17 NOVEMBER 2015

Alberta Decision May Make Builders' Lien Filing Deadline Less Certain, More Litigated

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The defendant contractor, 1851514 Alberta Ltd. (185), provided work and materials for two construction projects owned by the plaintiff, Boulevard Real Estate Equities Ltd.

CanadaReal Estate and Construction
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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In Boulevard Real Estate Equities Ltd. v. 1851514 Alberta Ltd. (Boulevard Real Estate Equities), a master of the Alberta Court of Queen's Bench held that if an owner makes a representation to a contractor that causes the contractor to file a builders' lien after the deadline set in the Builders' Lien Act (BLA), the owner may be estopped from having the builders' lien discharged on the basis that it was not filed in time. Boulevard has appealed Master Prowse's decision to a justice of the Alberta Court of Queen's Bench. We will monitor the appeal and report on its outcome.

BACKGROUND

The defendant contractor, 1851514 Alberta Ltd. (185), provided work and materials for two construction projects owned by the plaintiff, Boulevard Real Estate Equities Ltd. (Boulevard). 185 claimed that it was not paid for its work and filed builders' liens against the projects. A representative of Boulevard contacted a representative of 185 after the liens were filed.

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