Do you think you are out of time to register a construction
lien? Was your last date of supply of services or materials to the
project site greater than 45 days ago (60 days under the new Act)?
Think again. There is Ontario case law that suggests that you may
still have time to lien the project in certain circumstances
provided that your intention is to complete your
contract.
In the case entitled D'Urzo Demolition Inc. v. Damaris
Developments Inc., 2012 ONSC 1912, a trade had stopped
work due to non-payment and left the project site for at least two
months; it was well past the 45 days to lien the job. The trade
believed it would return to complete the work once a dispute
between the developers was sorted out. At some point, the trade
lost faith and concluded that it would not be returning to the
project site to complete the work. It liened the project. The Court
held that the trade's construction lien was valid as the lien
was preserved within 45 days of the trade f
