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ARTICLE · 25 MARCH 2014

Beware Of Defective Notice Of Lien

Miller Thomson
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For some, the decision of the Ontario Court of Appeal in "York Condominium Corporation No. 82 v. Bujold" was viewed as a game changer.

CanadaReal Estate and Construction
Odysseas Papadimitriou
Odysseas Papadimitriou
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For some, the decision of the Ontario Court of Appeal in York Condominium Corporation No. 82 v. Bujold was viewed as a game changer. For us, the courts interpretation of section 85 of the Condominium Act, 1998 confirms the advice that we have been giving our clients relating to the importance of diligent compliance with the notice requirements under section 85 of the Act.

In Bujold, the condominium corporation served the unit owner with a Notice of Lien on June 22, 2007, for common expense arrears, including the payment due on June 1, 2007. However, the corporation did not register a Certificate of Lien until September 25, 2007.

When the corporation brought a motion for summary judgment to take possession of Ms. Bujold's unit, the court reviewed whether the corporation had complied with the provisions of section 85 of the Act. Section 85 provides that:

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