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ARTICLE · 22 JULY 2022

Connected + Protected? Lien Rights On Different Lands

Whether Crown lands in Canada can be liened varies by province, but invariably, work done on some lands is not lienable.

CanadaReal Estate and Construction

Whether Crown lands in Canada can be liened varies by province, but invariably, work done on some lands is not lienable. 

In JVD Installations Inc. v. Skookum Creek Power Partnership, the British Columbia Court of Appeal faced the following questions:

  1. If work is done on a power plant located on Crown lands that cannot be liened, can a lien claimant register a lien against lands on which the connected transmission lines are located, even if the lien claimant didn't work on the transmission lines? 
  2. If a contractor subcontracts its entire scope of work to a subcontractor, does the contractor still have a valid lien despite not doing any work to support the lien?

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