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ARTICLE · 16 JANUARY 2018

Encore On Enforceability Of Defective Liens

Miller Thomson
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Our November 2017 article entitled "MT November 2017 Case Summaries" highlighted Norson Construction Ltd. v Clear Skies Heating & Air Conditioning, 2017 ABQB 544 which upheld...

CanadaReal Estate and Construction
Jonathan Martin
Jonathan Martin
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Our November 2017 article entitled "MT November 2017 Case Summaries" highlighted Norson Construction Ltd. v Clear Skies Heating & Air Conditioning, 2017 ABQB 544 which upheld the decision of Master Prowse upholding a lien registered against the correct land but which incorrectly named the contractor as the owner instead of the registered owner. In Encore Electric Inc. v Haves Holdings, 2017 ABQB 803 Master Prowse was once again asked to strike out a lien based on incorrect information. This time, however, the owner of the land had been correctly named but the leasehold interest and holder of that interest had not been included. The owner and landlord in that case was Albari Holdings Ltd., but a leasehold interest was held by Haves Holdings Country Hills Gym Ltd., operating under the name Gold's Gym, and it was for Gold's Gym that the work had been performed.

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