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ARTICLE · 03 AUGUST 2023

Case Comment: DNR Restoration Inc. v. Trac Developments Inc., 2023 ONSC1849

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The Construction Lien Act, R.S.O. 1990, c. C.30 (the "CLA") underwent substantial revisions (often referred to as lien modernization) on July 1, 2018 and was renamed...

CanadaReal Estate and Construction
Riccardo Del Vecchio
Riccardo Del Vecchio
Erica Fini (Summer Student)
Erica Fini (Summer Student)
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The Construction Lien Act, R.S.O. 1990, c. C.30 (the "CLA") underwent substantial revisions (often referred to as lien modernization) on July 1, 2018 and was renamed the Construction Act, R.S.O. 1990 c. C.30 (the "Act").

In terms of the transition from the CLA to the Act, section 87.3(1)(a) of the Act states that the predecessor act (the CLA) will apply if, "a contract for the improvement was entered into before July 1, 2018." Given subsections 87.3(1)(b) and 87.3(1)(c) under the Act (and the temporal considerations and independent conjunctive language contained therein), it is also important, when assessing which version of the lien legislation applies, to consider when the procurement process for the project (if applicable) was commenced and whether the improved premises are subject to a leasehold interest.

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